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Claims of the Delaware Indians 



Memorial of the Delaware Tribe of Indians, Showing 

the services rendered by them to the 

United States in Various Wars 



June 24, 1921 



MEMORIAL 



OP THE DELAWARE TRIBE OF INDIANS 

BY 

Richard C. Adams 



In support of Senate Bill (563 and H. R. GO/51 



CLAIMS OF THE DELAWARE INDIANS. 

Memorial oe the Delaware Tribe oe Indians, Showing the 

Services Rendered by Them to the United States 

in Various Wars. 

June 24th, 1921. 

MEMORIAL 

Of the Delaware Tribe oe Indians 

by 

Richard C. Adams. 

In Support of Senate Bill 663 and H. R. 6051. 



To the Congress of the United States: 

How familiar we have become with the readiness of the foreign 
born to proclaim, "I am an American!" Pride, at least, and per- 
haps distinction attaches where an ancestry has long been such. 
On September 17, 1778, the United States entered into alliance 
with the Delaware Nation of Indians for offensive and defensive 
purposes, thus making of the Delawares the first allies of our gov- 
ernment. 

The Delaware Indians during the Revolutionary War furnished 
the Colonial Government two Colonels, White Eyes and Win-Ge- 
Nord, and nine hundred soldiers as their quota. Surely the sons 
of Revolution and of American Revolution, who proudly proclaim 
their ancestral loyalty, should cordially greet every Delaware In- 
dian as truly representative of that which is American "First." 

Pennsylvania has reason to be proud of the friendship of the 
Delawares as the greater part of that State was ceded by them in 
the treaty with William Penn. They espoused the cause of the 
Colonists and fought shoulder to shoulder with them against the 
British during the war of the Revolution throughout the Western 
part of that State, and were in attendance at the Congress held at 
Philadelphia. 

3 



Ohio and Indiana have reason to proclaim a Brotherhood to 
these true and loyal Americans as this territory was thrown open 
by them to the Continental army, and thus gave our Revolutionary 
fathers an advantage that was theirs as a matter of concession 
rather than a matter of right. 

Florida should have kindly remembrance for them, for after 
the Seminole War had cost the United States government about 
thirty thousand (30,000) lives and had continued for many months, 
the Delawares gave to our government the services of one hundred 
eighty-six (186) of their skilled warriors, who acted as scouts and 
guides, and countered the Seminoles in the Everglades in battle of 
their own kind, and in so doing brought to a close that war within 
sixty (00) days from their entrance into the campaign. 

California, too, should extend to them a welcoming hand for 
it was the Delaware Indians that guided Fremont across the Rockies, 
and supported and encouraged him throughout his activities in 
the Mexican War. 'Twas a Delaware Indian that pulled down 
the flag at Monterey and our records show that over one hundred 
(100) of this little band fought under Captain Blackbeaver in old 
Mexico, in support of our government's cause. 

These matters are referred to as a reminder to the citizens of 
the several states as well as to the citizens of all the United States 
that they owe to these real Americans, who were the first allies 
of our government more than a debt of gratitude. 

The facts set forth in House Document (H. R., 755, May 25, 
1912) are matters of historical interest, which your memorialist 
requests shall be printed as a part of this document. It is also 
requested that this document contain the report of the Secretary 
of the Interior, dated April 22, 1010, and addressed to the Hon- 
orable Frank W. Mondell, Chairman of the Committee on Public 
Lands of the House of Representatives. This document and the 
Secretary's report reflect the justice of the claims of the Delawares. 

Respectfully submitted, 

The Delaware Indians Residing in Oklahoma, 

By Richard C. Adams. 
4 



The Document and Report follow : 

DEPARTMENT OF THE INTERIOR 

Washington 

April 22, 1910. 
K. M. T. 

Addressed only the Secretary of the Interior. 
Hon. Frank W. Mondell. 

Chairman Committee on Public Lands, 
House of Representatives. 

Sir: With your note of March 0, you transmitted copy of H. 
R. 22009, a bill "To compensate the Delaware Indians for services 
rendered by them to the United States in various wars*' with a 
request for report thereon and an expression of opinion relative 
thereto. 

Representatives of the Delaware Indians requested an oppor- 
tunity to present their views in the matter but did not appear until 
the 19th instant. 

March 3, a bill was introduced in the Senate No. 0940, in words 
identical with H. R. 22009. April 11, a memorial was presented 
to the Senate in support of bill 0940, and printed as Senate Docu- 
ment No. 483, Sixty-first Congress, Second Session, December 7, 
1!>0!>, there was introduced a bill, H. R. 1343, to provide for the 
issuance to the Business Committee of the Delaware Indians, for 
the benefit of the trite, military bounty land warrants of the de- 
nomination 100 acres each, aggregating 170,000 acres. This De- 
partment made report thereon to your Committee January 11, 1910, 
recommending for the reasons given therein, that said bill should 
not be enacted into law. 

The bill now under consideration provides that as compensation 
for services rendered by the Delaware Indians to the United States 
in various wars, there shall be issued to the Business Committee 
of the Delaware Indians for the members of the tribe residing in 
Oklahoma, land warrants aggregating 170,000 acres, which may 
be located on any public lands of the United States, which said 
warrants may be located, sold or otherwise disposed of by said 
Business Committee in the manner directed by said Delaware In- 
dians in council. 

There is no doubt that in the earlier wars, beginning with the 
Revolutionary, the Delaware Indians as a body were loyal to the 
United States and furnished . warriors in considerable numbers, 
and that in the later wars individual Delawares entered the service 
of the United States either as soldiers or scouts. 



The representatives of the Delaware Indians state that they are 
not asking for bounty for services rendered subsequently to 1855 
and that they refer to their services in the Civil War, and subse- 
quently, more especially as the proof of their loyalty to the United 
States. It remains, however, that the bill specifically says that it 
is intended to provide compensation for services rendered in vari- 
ous wars there being no limit to those occurring prior to 1855. It 
is true, as stated by the representatives of the Indians, that it is 
impossible to identify or designate the individual Delawares who 
took part in the wars prior to 1855, and further that, if it were 
possible to identify any number of these individuals it would be 
impossible to trace and designate their descendants living at this 
time. 

The claims of, the Indians are fully set forth in the memorial 
spoken of and this Department is not in position, even if that were 
desirable, to attempt to controvert those claims. In short, this is 
a matter which addresses itself to the discretion of the Congress 
both as to whether the claims of the Indians for compensation shall 
be recognized and as to the manner in which such recognition shall 
be expressed. The only practicable way to afford any benefit at 
this time would be a provision for payment in some form to the 
tribe to be distributed per capita. If the Congress shall determine 
that some such recognition should be given the services of these 
Indians this Department would interpose no objection but would 
be inclined to advise that such recognition be given by direct pay- 
ment rather than by the issue of bounty land warrants which would 
become a matter of speculation. 

Very respectfully, 

(Signed) R. A. Baujnger, 

Secretary. 

Mr. Mondell, Committee on Public Lands, submitted the follow- 
ing : 

** REPORT ** 
(to accompany H. R. 22009) 

The Committee on Public Lands to whom is referred H. R. 
22069 have had the same under consideration and return it with 
the following report : 

This is a claim of the Delaware Tribe of Indians residing in 
Oklahoma for compensation due them for services rendered by 

them to the United States in various wars. 

Your Committee are of the opinion that there is justice in the 
claim of the Delaware Indians and believe that compensation should 
be awarded to them, either in land warrant bounties or in cash. 

6 



thl nJl! t , n ° d ° Ubt m the ° pinion of the Committee that 

the Delaware Indians, as a. tribe, furnished soldiers in all of the 
wars m which the Colonists and the United States have been en- 
gaged from the Revolutionary War to and including the Civil War. 

The Secretary of the Interior has so reported to this Committee 
and it is also shown by many authentic reports, documents, and 
historical references to which this Committee has been referred. 

J S * ls ° shown b y the several treaties between the United States 
and the Delaware Tribe of Indians, beginning with the treaty of 
September 17, 1778, Article 111, reads as follows: 

"And whereas the United States are engaged in a just 
and necessary war, in defence and support of life, liberty, 
and independence against the King of England and his ad- 
herents, and as said King is yet possessed of several posts 
and forts on the lakes and other places, the reduction of 
which is of great importance to the peace and security of 
the contracting parties, and as the most practicable way for 
the troops of the United States to some of the posts and 
forts is by passing through the country of the Delaware 
Nation, the aforesaid deputies, on behalf of themselves and 
their Nation, do hereby stipulate and agree to give a free 
passage through their country to the troops aforesaid and 
the same to conduct by the nearest and best ways to the 
posts, forts and towns of the enemies of the United States, 
affording the said troops such supplies of corn, meat, horses, 
or whatever may be in their power for the accommodation 
of such troops, on the Commanding Officer's Co., paying 
or engaging to pay, the full value of whatever they can 
supply them with. And the said deputies, on behalf of 
their nation, engage to join the troops of the United 
States aforesaid, with such number of their best and most 
expert warriors as they can spare, consistent with their own 
safety, and act in concert with them ; and for the better 
security of the old men, women and children of the afore- 
said nation, whilst their warriors are engaged against the 
common enemy, it is agreed on the part of the United 
States that a fort of sufficient strength and capacity be built 
at the expense of the United States, with such assistance 
as it may be in the power of the said Delaware Nation to 
give, in the most convenient place, and advantageous situa- 
tion, as shall be agreed on by Commanding Officers of the 
troops aforesaid, with the advice and concurrence of the 
deputies of the aforesaid Delaware Nation, which fort shall 
be garrisoned by such number of the troops of the United 

7 



States as the Commanding Officer can spare for the present, 
and hereafter by such numbers, as the wise men of the 
United States in council, shall think most conductive to the 
common good." 

Article 2 of the treaty of the 22nd day of July, 1814, reads as 
follows : 

"Article 2 — The tribes and bands above mentioned en- 
gage to give their aid to the United States in prosecuting 
the war against Great Britain and such of the Indian tribes 
as still continue hostile, and to make no peace with either 
of them without the consent of the United States. 

"The assistance herein stipulated for is to consist of such 
a number of their warriors from such tribe as the Presi- 
dent of the United States, or any other officer having his 
authority therefor, may require.'' 

There can be no doubt that the Delaware Indians as a tribe per- 
formed valuable services to the United States in the Revolutionary 
War, in the War of 1812, in the Florida War, in the Mexican 
War and many of the Indian Wars. The facts are shown bv vari- 
ous Government reports and records, reference to which is found 
in Senate Document No. 501, 50th Congress, 1st Session, and in 
the memorial submitted to the Committee. 

The wording of the treaties and other authentic documents 
show, and it appears to our satisfaction, that it was the tribe who 
furnished the warriors, which they did as a tribe, and that the 
tribe from their own tribal resources supported and maintained 
the families of the warriors who were fighting for the United 
States. It is shown to our satisfaction that these Delaware Indians 
would be entitled to bounties under the general law but the strict 
proof required by the general law would be difficult to secure at 
this late date largely owing to the neglect of the Government to 
keep authentic records and to the facts that many records were 
destroyed by the British at the time they burned Washington. The 
fact that the Delawares as a Nation furnished the warriors, at 
least for the most part, makes it fitting and proper in the opinion of 
this Committee and we recommend that, following the usages and 
customs of the Delaware Indians, the compensation, whether for 
bounties or cash, be granted to the tribe rather than to the heirs 
of the soldiers who served. 

Your Committee is undetermined as to the amount of compensa- 
tion that should be due the Delaware Tribe of Indians and also 
undetermined as to whether it would be most proper to compensate 
the said Delaware Tribe of Indians in cash or in land warrant 

3 



reTrredNrl'col'r 6 ^ ° f */ ^n™ that this bil1 ^ould be 
referred to the Court of Claims for the Court to consider and de- 

rDdaw^Trt ° f f C T °7 enSatl °? ^ Sh * uld ^awkrdedt 
trie Delaware Tribe of Indians and to determine whether such 

inXd Sa uT IT 1 ' ^ " C u aSh ' and if in Cash ' what ™ orif 
in land warrant bounties, the amount to be awarded, and report 
herewith a resolution to that effect and recommends its adoption 

IN THE HOUSE OF REPRESENTATIVES. 

of H^R^Oril^ n : ° mmittee ° n Public bands', reported in lieu 
oi H. K. ^2069 the following resolution which was reported to the 
Committee of the whole house and ordered to be printed. 

RESOLUTION. 

Resolved, that the bill, H. R. 22069, to compensate the Dela- 
ware Inbe of Indians for services rendered by them to the United 
States in various wars, with all the accompanying papers be and 
the same is hereby referred to the Court of Claims to 'find and 
determine what compensation the said Delaware Tribe of Indians 
should receive for services to the United States in various wars 
whether such compensation would more justly be in land warrants' 
which may be located on any vacant public lands of the United 
States, or whether such services could more justly be compensated 
for in cash and to determine the amount thereof, under the treaty 
of September, I77j£with the Delaware Tribe of Indians and the 
1^ treaty of July 22, 1$14, between the United States and the Dela- 
ware Tribe of Indians, and other documents, letters, reports, and 
promises to the Delaware Trite of Indians, muster-out-rolls' and 
such other evidences as may be obtainable, and to report the same 
to Congress. 

REVISED STATUTES, PAGE 443. 

_ Sec. 2410. In all cases of warrants for bounty-lands, issued by 
virtue of an act approved July twenty-seven, one thousand eight 
hundred and forty-two, and of two acts approved January twemy- 
seven, one thousand eight hundred and thirty-five, therein and 
thereby revised, and of two acts to the same intent, respectively, 
approved June twenty-six, eighteen hundred and forty-eight, and 
February eight, eighteen hundred and fifty-four for military serv- 
ices in the Revolutionary War, or in the War of Eighteen Hun- 
dred and Twelve with Great Britain, which remained unsatisfied 
on the second day of July, eighteen hundred and sixty-four. It 
is lawful for the person in whose name such warrant issued, his 

9 



heirs or legal representatives, to enter in quarter-sections, at the 
proper local land office, in any of the States or Territories, the 
quantity of the public lands subject to private entry which he is 
entitled to under such warrant. (Claims for bounty-lands in vir- 
tue of certain acts named, etc., 2 July, 1864, c. 226, s. 1, v. 13, p. 
378.) 

Sec. 2417. All warrants for bounty-lands referred to in the pre- 
ceding section may be located at any time, in conformity with the 
general laws in force at the time of such location. (Same subject, 
2 July, 1864, c. 226, s. 2, v. 13, p. 379. 

Sec. 2418. Each of the surviving, or the widow or minor chil- 
dren of deceased commissioned and non-commissioned officers, 
musicians, or privates, whether of regulars, volunteers, rangers, or 
militia, who performed military service in any regiment, company 
or detachment, in the service of the United States, in the war with 
Great Britain, declared on the eighteenth day of June, eighteen 
hundred and twelve, or in any of the Indian wars since seventeen 
hundred and ninety, and prior to the third of March, eighteen hun- 
dred and fifty, and each of the commissioned officers who was en- 
gaged in the military service of the United States in the war with 
Mexico, shall be entitled to lands as follows : Those who engaged 
to serve twelve months or during the war, and actually served nine 
months, shall receive one hundred and sixty acres, and those who 
engaged to serve six months and actually served four months, shall 
receive eighty acres, and those who^ engaged to serve for any or 
an indefinite period, and actually served one month, shall receive 
forty acres; but wherever an officer or soldier was honorably dis- 
charged in consequence of disability contracted in the service, be- 
fore the expiration of his period of service, he shall receive the 
amount to which he would have been entitled if he had served the 
full period for which he had engaged to serve. All the persons 
enumerated in this section who enlisted in the regular army, or 
were mustered in any volunteer company for a period of not less 
than twelve months, and who served in the war with Mexico and 
received an honorable discharge, or who were killed or died of 
wounds received or sickness incurred in the course of such serv- 
ice, or were discharged before the expiration of the term of serv- 
ice in consequence wounds received or sickness incurred in the 
course of such service, shall be entitled to receive a certificate or 
warrant for one hundred and sixty acres of land; or at option 
Treasury script for one hundred dollars bearing interest at six 
per cent per annum, payable semi-annually, at the pleasure of the 
Government. In the event of the death of any one of the persons 
mentioned in this section during service, or after his discharge, 
and before the issuing of a certificate or warrant, the Warrant or 
script shall be issued in favor of his family or relatives; first. 

10 



to the widow and his children; second, his father, third, his mother, 
fourth, his brothers and sisters. (Bounty-lands for soldiers in cer- 
tain wars. 11 Feb., 1847, c. S, s. 9, v. 9, pp. 125, 126. 28 Sept., 
1850, c. 

Sec. 2419. The persons enumerated in the preceding section re- 
ceived into service after the commencement of the war with Mex- 
ico, for less than twelve months, and who served such terms, or were 
honorably discharged are entitled to receive a certificate or war- 
rant for forty acres, or scrip for twenty-five dollars if preferred, 
and in the event of the death of such person during the service, 
or after honorable discharge before the eleventh of February, 
eighteen hundred and forty-seven, the warrant or scrip shall issue 
to the wife, child, or children, if there be any, and if none, to the 
father, and if no father to the mother of such soldier. (Certain 
classes of persons in the Mexican War, their widows, etc., entitled 
to forty acres. Ibid., p. 126. 

Sec. 2420. Where the militia, or volunteers, or State troops of 
any State or Territory, subsequent to the eighteenth day of June, 
eighteen hundred and twelve, and prior to March twenty-second, 
eighteen hundred and fifty-two, were called into service, the offi- 
cers and soldiers thereof shall be entitled to all the benefits of sec- 
tion two thousand four hundred and eighteen upon proof of length 
of service as therein required. (Militia and volunteers in service 
since 1812. 22 Mar., 1852, c. 19, s. 4, v. 10, p. 4. 

Sec. 2421. No person shall take any benefit under the provisions 
of the three preceding sections, if he has received, or is entitled to 
receive, any military-land-bounty under act of Congress passed 
prior to the twenty-second March, eighteen hundred and fifty-two. 
(Persons not entitled under preceding sections. 28 Sept., 1850, c. 
85, s. 1, v. 9, p. 520. 

Sec. 2422. The period during which any officer or soldier re- 
mained in captivity with the enemy shall be estimated and added 
to the period of his actual service, and the person so retained in 
captivity shall receive land under the provisions of sections twenty- 
four hundred and eighteen and twenty-four hundred and twenty, 
in the same manner that he would be entitled in case he had en- 
tered the service for the whole term made up by the addition of 
the time of his captivity, and had served during such term. (Period 
of captivity added to actual service. 28 Sept., 1850, c. 85, s. 2, v: 
9, p. 520.) 

Sec. 2423. Every person for whom provision is made by sec- 
tions twenty-four hundred and eighteen and twenty-four hundred 
and twenty shall receive a warrant from the Department of the In- 
terior for" the quantity of land to which he is entitled; and, upon 
the return of such warrant, with evidence of the location thereof 

11 



having been legally made to the General Land-Office, a patent shall 
be issued therefor. (Warrant and patent to issue, when. 28 Sept., 
1850, c, 85, s. 3, v. 9, p. 520.) 

Sec 2424. In the event of the death of any person, for whom 
provision is made by sections twenty-four hundred and eighteen 
and twenty-four hundred and twenty, and who did not receive 
bounty-land for his services, a like warrant shall issue in favor ot 
his widow, who shall be entitled to one hundred and sixty acres of 
land in case her husband was killed in battle; nor shall a subse- 
quent marriage impair the right of any widow to such warrant, if 
she be a widow at the time of making her application. ( Widows 
of, persons entitled. 28 Sept., 1850, c. 85, s. 3, v. 0, p. 520.) 

Sec. 2425. Each of the surviving persons specified in the classes 
enumerated in the following section, who has served for a period 
of not less than fourteen days, in any of the wars which the United 
States have been engaged since the year of seventeen hundred and 
ninety, and prior to the third day of March, eighteen hundred and 
fifty-five, shall be entitled to receive a warrant from the Depart- 
ment of the Interior, for one hundred and sixty acres of land; and, 
where any persons so entitled has, prior to the third day of March, 
eighteen hundred and fifty-five, received a warrant for any num- 
ber of acres less than one hundred and sixty, he shall be allowed 
a warrant for such quantity of land only as will make, in the whole, 
with what he may have received prior to that date, one hundred and 
sixty acres. (Additional bounty-lands, etc., 3 Mar., 1855, c. 207, 
ss. 1, 3, v. 10, pp. 701, 702. 

Sec. 2426. The classes of persons embraced as beneficiaries 
under the preceding section, are as follows, namely : 

First. Commissioned and non-commissioned officers, musicians, 
and privates, whether of the regulars, volunteers, rangers, or 
militia, who were regularly mustered into the service of the United 
States. 

Second. Commissioned and non-commissioned officers, seamen, 
ordinary seamen, flotilla men, marines, clerks, and landsmen in 
the Navy. 

Third. Militia, Volunteers, and State troops of any State or 
Territory, called into military service, and regularly mustered 
therein, and whose services have been paid by the United States. 
• Fourth. Wagon-masters, and teamsters who haVe been em- 
ployed under the direction of competent authority, in time of war, 
in the transportation of military stores and supplies. 

Fifth. Officers and soldiers of the Revolutionary War, and ma- 
rines, seamen and other persons in the naval service of the United 
States during that war. 

Sixth. Chaplains who served with the army. 



Seventh. Volunteers who served with the armed forces of the 
United States in any of the wars mentioned, subject to military 
orders, whether regularly mustered into the service of the United 
States or not. (Classes under last section specified. 3 Mar., 1855, 
c. 207, ss. 1, 8, 10, p. 701, 14 May, 1856, c. 26, ss. 4, 5, pp. 8, 9. 

Sec. 2427. The following class of persons are included as bene- 
ficiaries under section twenty-four hundred and twenty-five, with- 
out regard to the length of service rendered. 

First. Any of the classes of persons mentioned in section 
twenty-four hundred and twenty-six who have been actually en- 
gaged in any battle in any of the wars in which the country has 
been engaged since seventeen hundred and ninety, and prior to 
March third, eighteen hundred and fifty-five. 

Second. Those volunteers who served at the invasion of Pitts- 
burgh in September, eighteen hundred and fourteen. 

Third. The volunteers who served at the battle of King's Moun- 
tain, in the Revolutionary War. 

Fourth. The volunteers who served at the Battle of Nichojack 
against the confederate savages of the South. 

Fifth. The volunteers who served at the attack on Lewistown, 
in Delaware, by the British fleet, in the war of eighteen hundred 
and twelve. ( What classes of persons entitled under section 242 5- 
without regard to length of service. 3 March., 1855, c. 207, ss. 3. 
9, 11, v. 10, p. 702.) 

Sec. 2428. In the event of any person who would be entitled to 
a warrant, as provided in section twenty-four hundred and twenty- 
five, leaving a widow, or, if no widow, a minor child, such widow 
or such minor child shall receive a warrant for the same quantity 
of land that the decedent would be entitled to receive, if having 
on the third day of March, eighteen hundred and fifty-five. 
(Widows and children of persons entitled under section 2425. 3 
Mar., 1855, c. 207, s. 2, v. 10, p. 702.) 

Sec. 2429. A subsequent marriage shall not impair the right 
of any widow, under the preceding section, if she be a widow at 
the time of her application. (Subsequent marriage of widow, 3 
Mar., 1855, c. 207, s. 2, v. 10, p. 702.) 

Sec. 2430. Persons within the age of twenty-one years on the 
third day of March, eighteen hundred and fifty-five, shall be con- 
sidered minors within the intent of section twenty-four hundred 
and twenty-eight. (Minors under section 2428, 3 Mar., 1855, c. 
207, s. 2, v. 10, p. 702.) 

Sec. 2431. Where no record evidence of the service for which 
a warrant is claimed exists, parol evidence may be admitted to 
prove the service performed, under such regulations as the Com- 
missioner of Pensions may prescribe. (Proof of service, 3 Mar., 

13 



1855, c. 207, s. 3, v. 10, p. 702. 14 May, 1856, c. 26, s. 3, v. 11, 

p. S.) 

Sec. 2432. Where certificate or warrant for bounty-land for 
any less quantity than one hundred and sixty acres has been issued 
to any officer or soldier, or to the widow or minor child of any 
officer or soldier, the evidence upon which such certificate or war- 
rant was issued shall be received to establish the service of such 
officer or soldier in the application of himself, or of his widow or 
minor child, for a warrant for so much land as may be required 
to make up the full sum of one hundred and sixty acres, to which 
he may be entitled under the preceding section, on proof of the 
identity of such officer or soldier, or, in case of his death, of the 
marriage and identity of his widow, or, in case of death, of the 
identity of his minor child. But, if, upon a review of such evi- 
dence, the Commissioner of Pensions is not satisfied that the for- 
mer warrant was properly granted, he may require additional evi- 
dence, as well of the term as of the fact of service. {Former evi- 
dence of right to bounty-land to be received in certain cases. 14 
May, 1856, c. 26, s. 1, v. 11, p. 8.) 

Sec. 2433. When any company, battalion, or regiment, in an 
organized form, marched more than twenty miles to the place 
w T here they were mustered into the service of the United States, or 
were discharged more than twenty miles from the place where such 
company battalion, or regiment was organized, in all such cases, in 
computing the length of service of the officers and soldiers of any 
such company, battalion, or regiment, there shall be allowed one 
day for every twenty miles from the place where the company, 
battalion, or regiment was organized to the place where the same 
was mustered into the service of the United States, and one day 
for every twenty miles fromi the place where such company, bat- 
talion, or regiment, was discharged, to the place where it was or- 
ganized, and from whence it marched to enter the service, pro- 
vided that such march was in obedience to the command or direc- 
tion of the President, or some general officer of the United States, 
commanding an army or department, or the chief executive officer 
of the State or Territory by which such company, battalion, or 
regiment was called into service. (Allowance of time of sendee 
for distance from home to place of muster or discharge. 14 May, 

1856, c. 26, s. 7, v. 11. p. 0. 22 Mar. 1852, c. 19, s. 5, v. 10, p. 4 )' 
| • 

Sec. 2434. The provisions of all the bounty-land laws shall be 
extended to Indians, in the same manner and to the same extent 
as to white persons. (Indians included. 3 Mar., 1855, c. 207, s, 
7, v. 10, p. 702.) 

Sec. 2435. Where a pension has been granted to any officer or 
soldier, the evidence upon which such pension was granted shall be 

14 



received to establish the service of such officer or soldier in his 
application for bounty-land: and upon proof of his identity as 
such pensioner, a warrant may be issued to him for the quantity 
of land to which he is entitled; and in case of the death of such 
pensioned officer or soldier, his widow shall be entitled to a war- 
rant for the same quantity of land to which her husband would 
have been entitled, if living, upon proof that she is such widow; 
and in case of the death of such officer or soldier, leaving a minor 
child and no widow, or where the widow may have deceased before 
the issuing of any warrant, such minor child shall be entitled to a 
warrant for the same quantity of land as the father would have 
been entitled to receive if living, upon proof of the decease of 
father and mother. But, if upon a review of such evidence, the 
Commissioner of Pensions, is not satisfied that the pension was 
properly granted, he may require additional evidence, as well of the 
term as of fact of service. (Former evidence of a right to a pen- 
sion to be received in certain cases on application for bounty-land. 
14 May, 1856, c. 20, s. 2, v. 11, p. 8. 

Sec. 2436. All sales, mortgages, letters* of attorney, or other 
instruments of writing, going to affect the title or claim to any 
warrant issued, or to be issued, or any land granted, or to be grant- 
ed, under the preceding provisions of this chapter, made or ex- 
ecuted prior to the issue of such warrant, shall be null and void 
to all intents and purposes whatsoever; nor shall such warrant, or 
the land obtained thereby be in any wise affected by, or charged 
with, or subject to, the payment of any debt or claim incurred by 
any officer or soldier, prior to the issung of the patent. (Sales, 
mortgages, letters of attorney, etc., made before issue of warrant 
to be void. 28 Sept., 1850, c. 85, s. 4, v. 9, p. 521.) 

Sec. 2437. It shall be the duty of the Commissioner of the Gen- 
eral Land Office, under such regulations as may be prescribed by 
the Secretary of the Interior, to cause to be located, free of ex- 
pense, any warrant which the solder may transmit to the General 
Land Office for that purpose, in such State or land-district as the 
holder or warrantee may designate, and upon good farming-land, 
so far as the same may be ascertained from the maps, plats, and 
field notes of the surveyors, or from any other information in the 
possession of the local office, and, upon the location being made, 
the Secretary shall cause a patent to be transmitted to such war- 
rantee or holder. (Warrants to be located from of expense by 
Commissioner of Land Office, etc. 28 Sept., 1850, c. 85, s. 4, v. 9, 

Sec. 2438. No person who has been in the military service of 
the United States shall, in any case, receive a bounty-land war- 
rant if it appears by the muster-rolls of his regiment or corps that 
he deserted or was dishonorably discharged from service. (De- 
lb 



sorters not entitled to bounty-lands. 28 Sept., 1850, c. 85, s 1 v 
9, p. 520.) 

Sec. 2439. When a soldier of the regular army, who has ob- 
tained a military land-warrant, loses the same, or such warrant 
is destroyed by accident, he shall, upon proof thereof to the satis- 
faction of the Secertary of the Interior, be entitled to a patent in 
like manner as if the warrant was produced. (Lost warrants, 
provisions for. 27 April, 1816, c. 127, s. 1, v. 3, p. 317.) 

Sec. 2440. In all cases of discharge from the military service 
of the United States of any soldier of the Regular Army, when it 
appears to the satisfaction of the Secretary of War that a certificate 
of faithful service has been omitted by the neglect of the discharg- 
ing officer, by misconstruction of the law, or by any other neglect 
or casualty, such omission shall not prevent the issuing of the war- 
rant and patent as in other cases. And when it is proved that any 
soldier of the Regular Army has lost his discharge and certificate 
of faithful service, the Secretary of War shall cause such papers 
to be furnished such soldier as will entitle him to his land-war- 
rant and patent, provided such measure justified by the time of his 
enlistment, the period of service, and the report of some officer of 
the corps to which he was attached. (Discharges, omissions, and 
loss of, provided for. 27 April, 1816, c. 127, s. 2, v. 3, p. 317.) 

Sec. 2441. Whenever it appears that any certificate or warrant, 
issued in pursuance of any law granting bounty-land, has been lost 
or destroyed, whether the same has been sold and assigned by the 
warrantee or not, the Secretary of the Interior is required to cause 
a new certificate or warrant of like tenor to be issued in lieu there- 
of; which new certificate or warrant may be assigned, located, and 
patented in like manner as other certificates or warrants for bounty- 
land are now authorized by law to be assigned, located, and pat- 
ented; and in all cases where warrants have been, or may be re- 
issued, the original warrant, in whomsoever hands it may be, shall 
be deemed and held to be null and void, and the assignment thereof, 
if any there be, fraudulent; and no patent shall ever issue for and 
land located therewith, unless such presumption of fraud in the 
assignment be removed by due proof that the same was executed 
by the warrantee in good faith and for a valuable consideration. 
(New ivarrant issued in lieu of lost warrant, 23 Tune, 1860, c. 203, 
s. 1, v. 12, p. 90. 20 June, 1874, c. 330, v. 18, p." 111.) 

Sec. 2442. The Secretary of the Interior is required to pre- 
scribe such regulations for carrying the preceding section into ef- 
fect as he may deem necessary and proper in order to protect the 
Government against imposition and fraud by persons claiming the 
benefit thereof; and all laws and parts of laws for the punishment 
of frauds against the United States are made applicable to frauds 
under that section. (Regulations by Secretary of the Interior. 

16 



23 June,. 1860, c. 203, s. 2, v. 12, p. 91. 20 June, 1874, c. 330, v. 

Sec. 2443. In all cases where an officer or soldier of the Revo- 
lutionary War, or a soldier of the War of Eighteen Hundred and 
Twelve, was entitled to bounty-land, has died before obtaining 
a patent for the land, and where application is made bv a part 
only of the heirs of such deceased officer or soldier for such bounty- 
land, it shall be the duty of the Secretary of the Interior to issue 
the patent in the name of the heirs of such deceased officer or 
soldier, without specifying each, and the patent so issued in the 
name of the heirs, generally, shall inure to the benefit of the whole, 
in such portions as they are severally entitled to by the laws of 
descent in the State or Territory where the officer or soldier be- 
longed at the time of his death. {Mode of issuing patents to the 
heirs of persons entitled to bounty-lands. 3 Mar. 1843, Res No 
7, v. 5, p. 650.) 

Sec. 2444. That proof has been or hereafter is filed in the Pen- 
sion Office, during the lifetime of a claimant, establishing to the 
satisfaction of that office, his right to a warrant for military serv- 
ices, and such warrant has not been, or may not be, issued until 
after the death of the claimant, and all such warrants as have been 
heretofore issued subsequent to the death of the claimant, the title 
of such warrants shall vest in his widow, if there is one, and if 
there be no widow, then in the heirs or legatees of the claimant; 
and all military bounty-land warrants issued pursuant to law shall 
be treated as personal chattels, as may be conveyed by assignment 
of such widow, heirs, or legatees, or by the legal representative of 
the deceased claimant, for the use of such heirs or legatees only. 
(Death of claimant after establishing right and before issuing of 
warrant. 3 June, 1858, c. 84, s. 1, v. 11, p. 368.) 

Sec. 2445. The legal representative of a deceased claimant for 
a bounty-land warrant, whose claim was filed prior to his death, 
may file the proofs necessary to perfect such claim. (When proofs 
may be filed by legal representatives. 3 Mar.; 1869, c. 138, v. 15, 
p. 336.) 

Sec. 2446. Where an actual settler on the public lands ha 
sought, or hereafter attempts, to locate the land settled on and ii«- 
proved by him, with a military bounty-land warrant, and where, 
from any cause, an error has occurred in making such location, 
he is authorized to relinquish the land so erroneously located, and 
to locate such warrant upon the land so settled upon and improved 
by him, if the same then be, vacant, and if not, upon any other 
vacant land, on making proof of these facts to the satisfaction of 
the land officers, according to such rules .and regulations as may 
be prescribed bv the Commissioner of the General Land-Office, and 
subject to his final adjudication. 

17 



(REPRINT) 

COMPENSATION OF DELAWARE INDIANS 



HEARINGS 



BEFORE THE 

COMMITTEE ON THE PUBLIC LANDS 



HOUSE OF REPRESENTATIVES 



ON 



H. R. 755 



MAY 25. 1912 




WASHINGTON 
GOVERNMENT PRINTING OFFICE 
1912 ' 



COMPENSATION OF DELAWARE INDIANS. 



Committee on the Public Lands. 

House of Representatives, 

May 25, 191 2. 

The committee was called to order at 10.30 a. m., Hon. Joseph 

T. Robinson (chairman) presiding. 

The Chairman. The committee has for consideration this 

morning House bill 755, to compensate the Delaware Indians for 
services rendered by them to the United States in various wars. 
The Chair is desirous to suggest to the committee that Mr. Richard 
C. Adams, representing the Delaware Indians, is present and de- 
sires to be heard briefly on this bill, and he further suggests that 
Mr. Adams be permitted to complete his statement without inter- 
ruption, if possible. 

STATEMENT OF MR. RICHARD C. ADAMS. 

Mr. Adams : Mr. Chairman and gentlemen of the committee : 
I represent the Delaware Indians in this bill, No. 755. I have been 
before this committee before — not with regard to this bill — but a 
similar bill, which is identical with this bill. A subcommittee was 
appointed to take up the other bill, H. R. 22009, and they made a 
report in 1910, a copy of which I wish to file at this hearing. This 
report was made by Mr. Taylor, Mr. Reynolds, and Mr. Morgan, 
and goes into the matter quite fully. I have shown to this com- 
mittee — at least most of the gentlemen of this committee — histor- 
ic ical relics of the Delaware Indians that were used by them in the 
.e" various wars in the United States. I had on this table the war 
flute that they played the war dance on when they marched out 
of Fort Duquesne to meet Braddock. In that battle we had 682 
Delaware Indians and there were 72 Frenchmen, who met the Brit- 
ish; while the forces that were guarding Fort Duquesne, number- 
ing some 2,000 soldiers, remained behind. This was supposed to 
be only a skirmish, but we fought Braddock and killed him and 
about 1,800 British soldiers and defeated them, and I believe it 
was that battle that encouraged the Revolutionary soldiers to fight 
the British troops. 

The first treaty that was ever made was made with my people, 
the Delaware Indians, and article 3 of that treaty was an offensive 
and defensive alliance between the Delaware Nation and the United 
States. That treaty provided, among other things, that we should 
give free access across our territory to the United States troops to 

20 



COMPENSATION OF DELAWARE INDIANS. 3 

posts that were occupied at the time by Great Britain. Not only 
should we give them free access across our territory, but we should 
furnish them with supplies— corn, meat, and other things— if the 
officers of the United States paid or agreed to pay compensation 
for these supplies. They did agree to pay for these supplies and 
received many supplies, such as great quantities of Buffalo meat 
and hundreds of bushels of corn. But you have no record show- 
ing that we received anything in the way of compensation for these 
supplies. The United States also agreed in that treaty to build 
a fort on our territory and put some soldiers there for the pro- 
tection of our old men, women, and children, as we agreed to send 
our best warriors and most skilled warriors in battle against the 
British. We sent 900 warriors, many times without any United 
States officers or soldiers with them, while many times the Dela- 
wares enlisted in regiments and companies of the United States 
and had some of their own officers over them. We had two col- 
onels commissioned by the Continental Congress during the Revo- 
lutionary War, and they often went against the British without 
any other soldiers with them whatever. Was it necessary for 
them to go alone? It seems strange to me that at that time the 
United States would prefer to put their soldiers to guard our women 
and children and let our soldiers do the fighting, but they did do it. 
Most of Col. Broadhead's soldiers were located on the Delaware 
Reservation, where most of the fighting was done. Broadhead, in 
one o^f his letters which you will find in one of his reports, wrote 
to Gen. Washington and asked for some money and clothing for 
his Army. He said, "If you can not send clothing for our Army, 
at least send me a barrel of red paint so that I can fix them up like 
the Delaware Indians." He further said, "I have nothing to pay 
the Delaware Indians, not even a breech clout." 

That was not all we did. We furnished in the Revolutionary 
War not only supplies and warriors, but guards and scouts for 
Gen. Washington, and at the close of the war Mr. Morgan, who 
was a colonel in the Revolutionary War and Commissioner of 
Indian Affairs, recommended we should have bounties of 286,000 
odd acres of land; that we should have for the two chiefs and 
colonels 30,000 acres of land to help them — something similar to 
what they did for Lafayette when they gave him a large tract of 
land in Virginia — but they have not given it to us up to this time. 

Then when the War of 1812 began we agreed by treaty to help 
and did help again. I showed to this committee the silver pipe 
that was given to the Delaware Indians for our services in that 
war by Gen. Harrison. At that time we furnished about 800 
soldiers, and we rendered some good service, too. We had to take 

21 



4 COMPENSATION OF DELAWARE INDIANS. 

care of the Northwest, and we kept back all of the northwestern 
Indians and induced them not to join the British; if they could 
not help the United States, to at least remain neutral. That of 
itself was worth a great deal to the United States. We furnished 
scouts and guides in that war in many cases. 

Then the Florida war came on and we sent down to that war 
186 soldiers. In 30 days after these soldiers landed in Florida the 
war was over. Our people knew how to fight in the Everglades. 
With our 186 men here, there, and everywhere, acting as guides 
and helping the Army, we brought the war to a close in less than 
30 days. The United States lost a large number of men there, 
about 30,000 before we began. We furnished Gen. Fremont with 
many soldiers during the Mexican War, who fought in Lower 
California, in Arizona, and New Mexico, and one company who 
fought under Capt. Black Beaver in old Mexico. I have a silver 
tommyhawk given to Thomas Hill for services in the Mexican War. 
This committee has seen that, and I have the war club we carried 
in all these wars, from the Revolutionary War down, which I have 
exhibited to you. 

These are historical relics, silent witnesses of what we did, but 
nowhere will you find a record of where you paid the Delaware 
Indians compensation or bounties for what they have done. Now 
we ask for that. 

Only recently, on a Saturday at midnight, did the President 
sign a pension act increasing the pensions, annually, about twenty- 
five million dollars ; that is, pensions that are paid in monthly pay- 
ments to soldiers who served from 90 days up on account of their 
age limit. Has anything like this been done for the Indians? Al- 
though many Indians have given their lives and their services in 
the interest of the Government and because they can not find the 
heirs of those who served and because the Indians have not been 
aggressive in their demands, the Government has not shown their 
appreciation of what the Indians have done, and they have not been 
rewarded in any manner whatever except in very few cases since 
1855, where they could not have escaped notice of the services 
and where the heirs of the Indian soldiers could be easily found 
or where the proof of the Indian soldier living was readily ob- 
tained. 

In reference to this I wish to call attention to Agent Johnson's 

report, September 17, 1862, in which he says: 

1 

The Delawares are truly a loyal people, and with hardly 
an exception are devoted to the Government. Out of a 
population of 201 males between the ages of 18 and 45, 

22 



COMPENSATION OF DELAWARE INDIANS. 5 

there are at present 170 in the Union Army. This prob- 
ably is the largest ratio of volunteers furnished for the war. 

While we have the names of every one of these Delawares who 
served in the Civil War, because they were allowed to go on a buf- 
falo hunt at the end of the war and did not return in time to be 
mustered out, although they had served three years, they were 
treated as deserters and have not received any pensions to this day. 
Of course, this being since 1855 that service does not entitle us to 
a claim for bounties, but it shows our loyalty and our devotion and 
it strengthens our claim for bounties to the tribe. 

The Secretary of the Interior says that while there is no ques- 
tion about us having rendered the services, or having done the 
things we claim we did, he can not tell who the heirs of the Dela- 
ware Indians who served in these wars so long ago were, and he 
don't know how to trace the descendants of these soldiers to give 
them the bounty due them. But we claim the Delaware Indians 
as a tribe did this, and it is not necessary to find the heirs of the 
Delaware soldiers who served in these several wars, since we have 
got 1,101 Delawares on roll, and these are the heirs of these sol- 
diers, and we should get for these 1,101 Delawares at least 160 
acres of bounty. When we first started in helping you our tribe 
numbered 22,000 people. Most of these people were killed in war 
or lost by exposure in wars and small-pox and other diseases 
brought to them, and now we are a small, weak tribe, and for 
nearly 100 years we have had no compensation for the services we 
performed. 

I can go through the parks in Washington and see the monu- 
ments erected to other people. Everywhere I find monuments 
erected to foreigners who did some little service for you. But you 
can not show me a monument to a Delaware or any other Indian. 
You can not find a foreigner's claim that has not been paid for 
services rendered in some of these wars, but you can not find an 
instance where you gave my people anything at all. These are 
the reasons that' we feel we should at least have the little that is 
coming to us, for we were loyal; we have given our blood, our 
tribe, our land — all we had. We do not want it in money, as the 
Interior Department recommended. 

Where would vou get your conservation from if it was not for 
the lands that you got from the Indians? See the millions of acres 
of land you have given to other soldiers. My people gave you 
Pennsylvania, part of Ohio, Indiana, and a large part of Missouri, 
which' they received from Spain. My people fought in Texas 
under Gen. Macv to protect the State, and the records of the Red 



6 COMPENSATION OF DELAWARE INDIANS. 

River expedition show that over 100 of our soldiers fought there, 
for which Texas gave them a grant of 40 miles square and then 
took it away from them. I have the maps of these lands and I 
have the records of the grants; but we have no title to the land to- 
day. We believe we should have the 160 acres bounty due to each 
Delaware Indian and we should have it without any more restric- 
tions than is imposed on any other soldier. It was the tribe under 
two treaties as a tribe that enlisted their men; and you don't even 
keep the names in the War Department of our soldiers who en- 
listed, but simply mention the numbers. How could you expect to 
pay them, then, as individuals? You should at least have the names 
the individuals who served ; but when you do not have the names 
of these warriors, guides, and scouts which the Delawares sent you, 
then you should settle with the tribe that furnished them. 

On the subject of heirship, and as to whether or not the descend- 
ants of these particular members of the Delaware Tribe who par- 
ticipated in the various wars referred to could be ascertained, per- 
mit me to say no such thing as individual heirship existed under 
the laws and customs of the Indians. All property possessed or 
acquired by an Indian or a band of Indians belonged not to such 
Indian or band of Indians, but to the tribe. During the period of 
these wars referred to any compensation made to an Indian was 
made to the tribe and not to any particular individual Indian, 
though it might have been for the services of some individual In- 
dian. 

When an individual Indian dies, under the laws and customs of 
the Indians he left no such thing as heirs. If one or more mem- 
bers of the Delaware Tribe performed services for the colonists 
or the Government of the United States it was deemed to be the 
services of the tribe, and not of any particular Indians. This has 
been repeatedly recognized in treaties and court decisions. Com- 
pensation for such services in such cases was always made to the 
tribe to which the individuals belonged or of which they were mem- 
bers. 

Therefore whatever the United States owes for the services of 
the individual members of the Delaware tribe is owed to the tribe, 
and not to the individuals or to the descendants or heirs of the in- 
dividuals. 

A reference to the early treaties shows that the Delaware Nation 
as a tribe furnished the warriors, supplied them and United States 
soldiers with provisions, and as a tribe cared for and supported the 
families of the Delaware warriors who were away in the service of 
the United States. 

24 



COMPENSATION OF DELAWARE INDIANS. 7 

I do not know that I can take very much of your time. 

The Chairman. You will be permitted to revise and extend 
your statement unless there is some objection on the part of the 
committee. 

Mr. Raker. May I ask Mr. Adams a question? 

Mr. Adams. I will be very glad to answer any questions that 
I can. 

Mr. Raker. Where are those 1,101 Delawares now? 

Mr. Adams. In Oklahoma. 

Mr. Raker. They have transferred from the East to the West. 
^ Mr. Adams. Yes; they made a good many moves from the 
East. They first went to Indiana, and some of them to Missouri, 
where they acquired a grant from Spain, and from there, after 
making a treaty, they went to Kansas, and from Kansas to Okla- 
homa. 

Mr. Raker. What part of Oklahoma are they living in? 

Mr. Adams. In the Cherokee Nation. 

Mr. Raker. Are they practically all together? 

Mr. Adams. Not all together; they are in a territory of from 
30 to 80 miles. 

Mr. Raker. Has any provision been made for them by the Gov- 
ernment ? 

Mr. Adams. They bought their rights from the Cherokee Na- 
tion, paid $1 an acre for the land, and $128,000 for citizenship, 
and when the Cherokee lands were allotted they received their pro- 
portionate share, but they have received nothing as gratuity from 
the Government. 

The Chairman. How many Delawares are now living? 

Mr. Adams. According to our last census, 1,101. 

Mr. Graham. That includes all grades of blood? 

Mr. Adams. Yes. 

Mr. Graham. Mixed bloods. Are there many full-blood Dela- 
wares ? 

Mr. Adams. There are a little over 200. 

Mr. Maher. Was not a similar bill to this introduced? 

Mr. Adams. Yes, sir; there was a similar bill to this. 

Mr. Maher. I would like to ask what action was taken on that 
bill? 

Mr. Adams, There was a subcommittee report n that^ bill, 
which rendered a favorable report. I have a copy here which I 
want to file with this committee. I have several copies. I want 

25 



b COMPENSATION OF DELAWARE INDIANS. 

also to refer Senate Document No. 483, Sixty-first Congress, sec- 
ond session, to this committee, which will show our loyalty from 
first to last and the ingratitude of this Government for our loyalty 
and services. 

There can be no doubt in the minds of this committee but that 
the Delaware Indians are entitled to at least 176,000 acres of boun- 
ties; there can be no doubt in the mind of the Interior Department 
of this fact, and there can be no question but what they would be 
entitled to recovery under existing law if the heirs of the Dela- 
wares who served could be ascertained. The only thing we want 
is that the tribe shall receive the bounties and be considered the 
heirs of these soldiers who served, and we pray the passage of H. 
R. 755 as it stands, and this will satisfy the Delaware Indians, and 
should be done cheerfully and without hesitation by this great Gov- 
ernment, in settlement of the Government's obligation to my peo- 
ple. 

There was granted 80,2S2,461 acres of lands to soldiers and sail- 
ors who served in wars before 1855. (See pp. 230-237 of the 
Public Domains, 1883-84.) 

To Compensate the Delaware Indians eor Services, etc 

Mr. Reynolds, from the Subcommittee on the Public Lands, sub- 
mitted the following report (to accompany H. R. 220G9). 

The Subcommittee on the Public Lands, to whom was referred 
H. R. 22069, have had the same under consideration and return it with 
the following report : 

Your committee are of the opinion that there is justice in the claim 
of the Delaware Indians for services rendered to the United States 
in various wars prior to 1855. 

It is evident to your committee that the Delaware Indians, as a tribe 
or nation, furnished soldiers to the United States in all of its wars 
from and including the Revolutionary War down to and including the 
Civil War. The Secretary of the Interior has so reported to this 
committee and it is also shown by many authentic reports, documents, 
and historical reference to which this committee has been referred, 
some of which are mentioned in Senate Document No. 483, Sixty-first 
Congress, second session, and in Senate Document No. 501, Fifty- 
ninth Congress, first session, and in the memorial submitted to your 
committee. 

It appears that the Delaware Indians were the first people to come 
to the aid of the American colonists in their struggle for independence ; 
that the first treaty that this Government made with any nation or 
people was made with the Delaware Indians. By this treaty the Dela- 
wares, as a nation, formed an offensive and defensive alliance with 
this Government. Article III of said treaty, which was made Septem- 
ber 17, 1778, reads as follows: 

26 



COMPENSATION OF DELAWARE INDIANS. 9 

"Article III. 

' ?lu ln ^ defen r s V and su PPort of life, liberty, and independence 
against the King of England and his adherents, and as saMKing is 
yet possessed of several posts and forts on the Lakes and other place 
the reduction of which is of great importance to the peace and security 
of the contracting parties, and as the most practical way f or the 
troops of the United States to some of the posts and fort is by 
passing through the country of the Delaware Nation, the aforesaid 
deputies, on behalf of themselves and their nation, do hereby stipulate 
and agree to give a free passage through their country to the troops 
atoresaid and the same to conduct by the nearest and best ways to the 
posts forts, or towns of the enemies of the United States, affording 
to said troops such supplies of corn, meat, horses, or whatever may be 
in their power for the accommodation of such troops, on the command- 
ing officer s, etc.. paying or engaging to pay the full value of whatever 
they can supply them with. And the said deputies, on behalf of their 
nation, engage to join the troops of the United States aforesaid with 
such a number of their best and most expert warriors as the y can 
spare consistent with their own safety, and act in concert with them • 
and for the better security of the old men, women, and children of the 
atoresaid nation whilst their warriors are engaged against the common 
enemy, it is agreed on the part of the United States that a fort of suffi- 
cient strength and capacity be built at the expense of the said United 
States with such assistance as it may be in the power of the said Dela- 
ware Nation to give, in the most convenient place and advantageous 
situation, as shall be agreed on by the commanding officers of the troops 
aforesaid, with the advice and concurrence of the deputies of the afore- 
said Delaware Nation, which fort shall be garrisoned by such a num- 
ber of the troops of the United States as the commanding officer can 
spare for the present, and hereafter by such numbers as the wise men 
of the United States in council shall think most conducive to the com- 
mon good." 

It appears that pursuant to the terms of this treaty a large number 
of Delawares joined the American Army, serving for various periods 
and under many different commanders, and frequently under their own 
officers. They were used as scouts and guides and emissaries to other 
tribes, and in' various capacities, as well as warriors, and were espe- 
cially valuable aids because of their familiarity with the country in 
which military operations were carried on and also because of the 
influential position they occupied with other tribes of Indians. 

Col. George Morgan, who was the first Indian agent in what was 
then the Middle West, refers most favorably to the services of the 
Delawares during the Revolution, calls them ""the chiefs of our allies," 
and reports that these Indians were rendering valuable services to the 
Government. 

Upon the recommendation of Col. Morgan, made in 1778, Congress 
granted a colonel's commission to White Eyes, a Delaware chief, and 

27 



10 COMPENSATION OF DELAWARE INDIANS. 

under date of May 12, 1784, Col. Morgan recommended to Congress 
that the Delawares be granted 286,000 acres of land in recognition of 
their services to the American colonists during the Revolutionary War. 

In 1785 and 1789 treaties were made between the United States and 
the Delawares which contain further evidence of the friendship and 
loyalty of the Delawares to the United States. In 1791 they were 
selected by the Secretary of War as guides and friendly emissaries to 
accompany Col. Thomas Proctor on a Government mission to the 
Miamis. 



By the treaty of July 22, 1814, between the Delawares and the 
United States, the Delawares — 

"Engage to give their aid to the United States in prosecuting the 
war against Great Britain and such of the Indian tribes as still con- 
tinue hostile, and to make no peace with either without the consent 
of the United States. 

"The assistance herein stipulated for is to consist of such a number 
of their warriors as the President of the United States, or any other 
officer having his authority therefor, may require." 

It was largely owing to the efforts of the Delawares that many of 
the northwestern tribes joined in friendly treaty relations with the 
United States. This is further evidenced by the treaty of September 9, 
1815. The commissioners of the United States appointed in 1815 to 
negotiate a treaty with the tribes west of the Mississippi report "the 
alacrity with which they (the Delawares) afforded their cooperation 
with us in the late war." Another evidence of the loyalty of the 
Delawares to the United States is shown in the treaty of September 29, 
1817, between the United States and the Delawares. 

The Delawares were also active in the American cause in both the 
Florida War and the Mexican War. Sprague in his history speaks of 
174 men and 4 officers from the Delaware and Shawnee tribes who 
were allied with the American forces. The muster roll of two of the 
companies, showing double enlistment of each company, is at hand ; 
one company consisted of 37 officers and men and the other company 
of 50 officers and men. 

The muster roll of Capt. Black Beaver's company of 37 officers and 
men is at hand. Thomas Hill, a Delaware war chief, was at the head 
of a band of Delaware scouts in the Mexican War, and in token of 
his valiant services was presented with a silver tomahawk, which is 
still in the possession of the Delaware Nation. 

The Delawares, unlike other soldiers, have never received from this 
Government any compensation for their military services. Not even 
a statue has been erected to them or to any of their warriors who fell 
in the cause of this Government. Yet no other people, nation, or 
tribe of Indians rendered like service to the United States. In the 
case of the Delawares their warriors, for the most part, were fur- 
nished by the tribe as a nation, and the families of the warriors were 
supported by the tribe while the warriors were away fighting. 

28 



COMPENSATION OF DELAWARE INDIANS. 11 

And since the Government itself has preserved no military records 
of these Indians, to require strict proof of heirship, as required by 
the general bounty law, would make it impossible for the Delaware 
Indians to obtain bounty compensation for their services in the various 
wars prior to 1855. 

Your committee is of the opinion that the Delaware Indians are 
entitled to compensation for their services in these various wars. To 
this the Department of the Interior agrees. It is proposed by this 
bill to provide this compensation and that it be made to the Delawares 
as a tribe and not to the heirs of the individuals, who fought in the 
various wars. If it should be required that the heirs of the individuals 
prove their heirship, this would forever foreclose any compensation 
ever being paid to the Delawares. The impossibility of securing the 
strict proof of heirship required by the general bounty law is largely 
due to the neglect of the Government to keep authentic records and to 
the fact that many records were destroyed by the British at the time 
they burned Washington. 

The fact that the Delaware warriors were furnished by the tribe, 
the families of these warriors supported by the tribe while the war- 
riors were away fighting, and the Delawares fought more as allies 
than as individuals, mainly under their own officers, places them in a 
class by themselves. Under such circumstances to make the compensa- 
tion to the Delawares as a tribe will be just. 

In view of the peculiar circumstances surrounding the case of the 
Delaware Indians and in view of the valiant long-continued service 
rendered to this Government, especially in its time of greatest need, 
your committee recommend that compensation in the way of bounties 
for these services aggregating 176,000 acres of land, pursuant to the 
terms of the bill, be granted the Delaware Indians as a tribe, and that 
the Government pay in cash to the Delaware Indians as a tribe for 
said bounties the sum of $1.25 per acre, or the aggregate sum of 
$220,000, and that this compensation be disposed of by the Indians in 
council, pursuant to their usages and customs. 

Your committee recommends the passage of the bill with the follow- 
ing amendment to be added on page 2, line 11, and after the word 
"premises" : 

"And that the United States pay in cash to the Delaware Indians as 
a tribe for said bounties the sum of one dollar and twenty-five cents 
per acre, or the aggregate sum of two hundred and twenty thousand 
dollars, and that this compensation be disposed of by the Indians in 
council pursuant to their usages and customs." 

Jno. M. Reynolds, 
Dick T. Morgan, 
Edw. T. Taylor. 

Subcommittee. 

29 



]g COMPENSATION OF DELAWARE INDIANS. 

[S. Doc. No. 483, 61st Cong., 2d sess.] 

Claims of Delaware Indians. 

Mr Gore presented the following memorial of the Delaware 
Indians known as the "Head of the Algonquin Confederation," m 
support of a bill (S. 6940) to compensate the Delaware Indians for 
services rendered by them to the United States in various wars. 

Memorial of the Delaware Indians. 

[In re S. 6940 and H. R. 22069.] 

7 o the Congress of the United States: 

The purpose of this bill is to compensate the Delaware Indians for 
services rendered by them to the United States in various wars. 

Your memorialists represent — 

That the Delaware Indians, known as the "head of the Algonquin 
Confederation," furnished, as soldiers and allies in the various wars 
prior to 1855, more than 1,500 warriors, and from smallpox contracted 
in the War of the Revolution and the War of 1812 lost more than 
15,000 of their people; smallpox was a disease unknown among the 
Indians prior to the advent of the white man. 

That the Delaware Indians were the first people to come to the aid 
of the colonists in their struggle for independence. That the first 
treaty this Government made with any nation or people was made with 
the Delaware Indians. That in that treaty the Delaware*, as a nation, 
formed an offensive and defensive alliance with this Government. 
That they were to be recognized as the head of an Indian State with 
representation in Congress as part of their compensation. That the 
Delaware Indians carried out their part of these treaty obligations, did 
furnish warriors and use their influence with other tribes in the inter- 
ests of the United States, did give free access across their territory- to 
the Revolutionary troops, did consent to have forts built on their 
property, did assist in the building of these forts, did act as spies and 
scouts and guides and furnish information to the Government as to 
the strength, position, and purpose of the enemy, and did receive 
nothing in return therefor. 

That few, if any, of the promises made to them by the Govern- 
ment have ever been fulfilled. That when their assistance was no 
longer needed they were insulted and outraged. That finally, to avoid 
trouble, they gave up the territory which had been solemnly pledged 
to them forever, to become the fourteenth State in the Union. That 
thereupon, relying on this Government and its promises contained in 
the treaty of" 1804, thev removed farther west into what is now 
Indiana. That then came the war of 1812, and the Delaware Indians 
again came to the assistance of the Government and rendered it in- 
valuable aid. That the soldiers who passed through this new terri- 

30 



COMPENSATION OF DELAWARE INDIANS, 13 

tory (Indiana) saw and praised the value of this new land and cov- 
eted it. That finally, by coercion and persuasion, the Delawares were 
again induced to give up this land to the United States and move 
farther west. 

That the services they rendered were in conflicts that were not theirs 
and in wars for which they were not responsible. That they gave 
their blood and their land and were reduced in less than two genera- 
tions from over 20,000 people to less than 4,000. That still they 
remained loyal to this Government and assisted in the wars that fol- 
lowed, including the various Indian wars, the Florida War, the Mexi- 
can War, and the Civil War. 

That the services they rendered and the promises made to them 
entitled them to expect the friendship, consideration, and gratitude of 
this Government. That all of these services have been rendered with- 
out compensation or pay. That not even a statue has been erected 
to them or to any of their warriors who fell in the cause of this 
Government. That, as Indian Commissioner Manypenny says, no 
people, State, or community has ever done so much or submitted to 
such injustice and ingratitude without revolt. That the French allies, 
who had a great grievance against the English and who were really 
fighting on their own account and for their own ends, were liberally 
rewarded by this Government. That all other soldiers who have 
served this Government in its early wars received pay and bounties 
under laws made to meet their cases, but which are inapplicable to 
these Indians. That the Delawares have now been stripped of prac- 
tically all of their lands and are now reduced to less than 1,500 people. 
That they now make claim for the bounties to the same amount and 
to the same extent as under existing laws would be given to other sol- 
diers in like circumstances, the only difference being that inasmuch as 
the Delawares furnished their warriors as a tribe they ask that the 
bounties be issued to them as a tribe to be distributed by them in 
accordance with their traditional customs. That the Delawares are 
justly entitled to many times the compensation they are seeking to 
obtain by H. R. 22069, as will more fully appear herein. 

In the early days of the colonists the Delaware Indians were a 
numerous, bold, and daring tribe and occupied large portions of what 
are now the States of Pennsylvania, Delaware, New Jersey, and adja- 
cent country, and numbered many thousands. At and just prior to 
the Revolutionary period the greater part of them were located in Ohio. 
When the Revolutionary War broke out, the different bands of the 
Delawares were divided in opinion. Some desired to remain neutral, 
others desired to assist the Americans. Two bands, under Chief 
W'hite Eyes, who subsequently obtained a colonel's commission in the 
American Army, and Chief Killbuck, openly and valiantly espoused 
the cause of the colonists. An interesting and instructive account of 
the actions of the Delawares at this time is found in c u ipters 13 and 
14 of Heckewelder's Narrative. The Journal of the Continental Con- 
gress of April 10-11, and December 16, 1776, records the visits of the 
Delaware chief. White Eves, to Congress and the value in which Con- 



14 COMPENSATION OF DELAWARE INDIANS. 

gress held the services of himself and his followers. During these 
early years of the Revolution Congress passed many resolutions looking 
to the preservation of friendly relations with the Indians and to ob- 
taining their aid and assistance in the war. ( Manypenny, Our Indian 
Wards, p. 50.) In March, 1778, Congress authorized Washington to 
employ a body of Indians in connection with the military operations 
against the British. (Idem, p. 51.) 

On September 17, 1778, tbe first treaty entered into by the United 
States with any Indian tribe was made with the Delawares. Attention 
is especially directed to this treaty, and to the fact that the Delaware 
Indians, as a nation, entered into this treaty with the United States. 
Article III of this treaty read as follows : 

"Article III. 

"And whereas the United States are engaged in a just and necessary 
war, in defense and support of life, liberty, and independence against 
the King of England and his adherents, and as said King is yet pos- 
sessed of several posts and forts on the lakes and other places the 
reduction of which is of great importance to the peace and security 
of the contracting parties, and as the most practicable way for the 
troops of the United States to some of the posts and forts is by passing 
through the country of the Delaware Nation, the aforesaid deputies, 
on behalf of themselves and their nation, do hereby stipulate and agree 
to give a free passage through their country to the troops aforesaid 
and the same to conduct by the nearest and best ways to the posts, 
forts, or towns of tbe enemies of the United States, affording to said 
troops such supplies of corn, meat, horses, or whatever may be in. 
their power for the accommodation of such troops, on the commanding 
officer's, etc., paying or engaging to pay the full value of whatever 
they can supply them with. And the said deputies, on behalf of their 
nation, engage to join the troops of the United States aforesaid, with 
such a number of their best and most expert warriors as they can 
spare, consistent with their own safety, and act in concert with them; 
and for the better security of the old men, women, -and children of 
tbe aforesaid nation whilst their warriors are engaged against the 
common enemy, it is agreed on the part of the United States that a 
fort of sufficient strength and capacity be built at the expense of the 
said United States with such assistance as it may be in the power of 
the said Delaware nation to give, in the most convenient place and 
advantageous situation, as shall be agreed on by the commanding offi- 
cers of the troops aforesaid, with the advice and concurrence of the 
deputies of the aforesaid Delaware nation, which fort shall be garri- 
soned by such a number of the troops of the United States as the com- 
manding officer can spare for the present, and hereafter by such num- 
bers as the wise men of the United States in council shall think most 
conducive to the common good." 

The records show that 68 Delawares were forthwith drafted as 
soldiers to serve under Col. Mcintosh in the Regular Army under the 

32 



COMPENSATION OF DELAWARE INDIANS. 15 

terms of this treaty. Five Delawares were among the personal body- 
guard of Gen. Washington, and more than 500 Delaware Indians 
served as warriors and allies of the United States, not all regularly 
enlisted, but as allies in conjunction with the American troops in much 
the same manner as the French. The records also show that the Dela- 
wares were attached to Col. Daniel Brodhead's regiment, the Eighth 
Pennsylvania; at one time he speaks of 30 Delawares in his regiment 
at another time of 8, at another time of 40, and at another time of a 
large number. Col. Gibson also reports a number of Delaware Indians 
in his regiment, and John Harding reports a considerable number 
enlisted in his company. From numerous historical sources it appears 
that the Delawares were used as scouts and guides by the American 
military forces during the Revolutionary period. (See Yeates papers, 
la. Hist. Soc, Pa. archives, vol. 12; Pa. archives, 5th series, vol. 3.) 
In the early days of the Revolution, Col. George Morgan, who was 
especially selected by Gen. Washington, was made the first Indian 
agent for the middle territory, and it was made his special duty to 
secure the assistance of the Indians in the Middle West. Col. Morgan's 
diary is to be found in the Library of Congress, to which a few years 
ago it was transferred from the Department of State. From this 
diary we learn of the friendship and aid which the Delawares gave to 
the United States. 

On April 8, 1777, Col. Morgan, in a letter to Col. David Shepherd 
(which appears in the diary), speaks of the Delawares and the Shaw- 
nees as "the chiefs of our allies," saying that these Indians were ren- 
dering valuable services to the Government. Col. Morgan's letters 
show that at that time he was in their confidence and counseled with 
them regarding the military operations then in progress. In a letter 
from Col. Morgan to John Hancock, President of Congress, dated 
July 31, 1777, he writes "that the Delawares, in general, remained in 
our interest"; and in a letter dated May 10, 1778, Col. Morgan re- 
quests from Congress a colonel's commission for White Eyes, the 
Delaware chief, which was subsequently granted. Under date of 
May 12, 1784, one year after the close of the Revolutionary War, Col. 
Morgan recommends to Congress the granting of 20 miles square, 
256,000 acres of land to the Delawares and 30,000. acres to Col. White 
Eyes, in recognition of their services to the colonists during the war. 

In Col. Morgan's letter of August 13, 1777, to the President of 
Congress with reference to the Delaware Indians, we find the fol- 
lowing : 

"I inclose the conclusion of the Indian conferences. Congress will 
observe that the Delawares have left with me one of their old chiefs 
and his family, consisting of eight persons, as pledges of their fidelity, 
and to keep a friendly communication open between us, which will 
answer very valuable purposes if our troops and militia can be pre- 
vailed on not to injure or insult their nation, as they too frequently 
have done even during my conference with them, as particularly 
mentioned in the minutes. * * * It is my duty to mention to Con- 

33 



16 COMPENSATION OF DELAWARE INDIANS. 

gress, as I have to the General, that if the rage among our people is 
not subdued, we shall experience more formidable enemies in the 
Delawares than in triple their number of Wyandottes, Ottawas, etc." 

Col. Morgan subsequently reports : 

"I have obtained assurance from Capt. White Eyes and Killbuck 
that they and the Delawares in general will join our Army if we will 
not deceive or suffer their people to be illtreated." 

The Government received their services, but was unable to pay them. 
Col. Morgan, in another of his reports to Congress, complains of his 
inability to pay them, and says : 

"If it be possible to procure some clothing for the Delawares and 
those Indians who may display a friendly disposition, I wish it may be 
done. I have not even a breech-clout to pay for services I have em- 
ployed them on." 

In another report to Congress, on May 16, 1779, Col. Morgan says: 

"I am satisfied that the Delaware Nation are disposed to give to 
Congress such a tract of land as, in my opinion, would satisfy all the 
troops of the United States, or, if set up for sale, would pay a good 
proportion of our national debt." 

This land and much more was received from the Delawares for 
practically nothing. The Government records show that concession 
after concession has been made to white soldiers for services rendered 
in the Revolutionary time, some grants to individual persons amounting 
to 100,000 and 300,000 acres. Some of these grants were made to 
individuals connected with the military service who were surveying 
military roads through the lands of the Delawares, and in every in- 
stance in that territory these surveying parties had Delawares for 
guides. This is shown in Morgan's minutes and in his letters to Con- 
gress. In Morgan's letters, and several other authentic sources, it is 
shown that in 1778 Gen. Mcintosh was escorted by White Eyes and 
Killbuck and Delaware warriors from Fort Pitt to Fort Mcintosh, 
and that during the trip Chief White Eyes, who then held a colonel's 
commission, was killed. 

Your memorialists annex to the end of this memorial extracts from 
the letters of Col. Daniel Brodhead, who was in command of the west- 
ern district. These letters contain many references to the valiant serv- 
ices which the Delawares rendered the colonists during the Revolution. 

In letter No. 5, to Rev. John Heckwelder, May 13, 1779, Col. Brod- 
head says fin speaking of the endeavors of the British to strike the 
Delawares) : 

"But I will venture to predict that they will not do it. They will 
consider the Delaware Indians allies as no contemptible foes which, 
added to the fast connection between them and us. must and surely 
will end in their final extirpation. I sincerely wish our allies, the Dela- 
wares, may make themselves easy and no longer remain in a state of 
such apprehension. Thev will shortlv hear from the northward as well 
a. c - from the southward that their brethren are by no means idle." 

34 



COMPENSATION OF DELAWARE INDIANS. 17 

In letter No. 8, to Gen. Washington, dated Pittsburgh, May 22 1779 
Col. Brodhead says : 

''You may rely on my close attention to the movements of the enemy 
and that they can not approach nearer to any advanced post without 
receiving intelligence from the Delawares." 

In letter No. 152, to Gen. Washington, May 13, 1780, Col. Brodhead 
says : 

"The Delaware Indians continue their professions of friendship, and 
some of their warriors are now out with my scouts, but as I have little 
or nothing to give them but good words and fair promises I apprehend 
they will soon decline the service." 

In letter No. 159, to Col. Archibald Lochry, May 20, 1780, Col. Brod- 
head writes : 

"I know the influence of the Delaware councils, with 20 different 
tribes, and am sensible it is upon their account that so few of their 
color are active against us." 

On January 21, 1785. and January 9, 1789, treaties were made be- 
tween the United States and the Delaware Indians and other tribes 
which contain evidence of the friendship and loyalty of the Delawares. 
(American State Papers, Indian Affairs, vol. 1, pp. 6-9; see especially 
art. 8, treaty of 1789, p. 7.) 

In 1791 the confidence and reliance which this Government had in 
the Delawares is shown by the instructions of the Secretary of War 
to Col. Thomas Procter, who was sent on a mission to the Miamis and 
who was recommended to use, and did use, the Delawares as guides 
and friendly emissaries. (American State Papers, vol. 5, Indian Af- 
fairs, vol. 1, pp. 139, 146, 165.) Speaking of the Delawares and 
Wyandottes, the Secretary of War says : 

"These tribes are our friends, and in treaty with us, which, as far 
as is known, has been well observed by them. * * * You will inform 
them of the object of your journey and desire that they will appoint 
some of their chiefs to accompany you." 

In his message to the Miamis, the Secretary of War says : 

"Receive them, the bearers, Col. Proctor, Capt. Houdin, and our 
Indian allies who accompany them, with open arms." (Idem, p. 147.) 

The relations between the colonists and the British on the north, 
after the Revolutionary period, was one of constant friction. There 
was frequent evidence of the desire and intention of the British to 
renew hostilities. In 1808 and again in 1811, the Delawares informed 
the War Department of our Government that emissaries from the 
British had recently visited them and informed the Delawares that the 
British were about to begin hostilities against the United States and 
requested the aid of the Delawares. (Idem, pp. 793-801.) The Dela- 
wares again informed our Government of the visit of the British emis- 
saries for a like purpose just prior to the War of 1812. There is 
abundant evidence that during this period the Delawares not only kept 

35 



18 COMPENSATION OF DELAWARE INDIANS. 

our Government informed of what its enemies were doing, but them- 
selves were active in inducing other Indians not to engage in the com- 
ing hostilities against the United States. (Idem, pp. 801, 807, 810.) 

The Delawares accompanied Gen. Harrison on his expedition against 
the Shawnees under the "Prophet" in 1811 and rendered valuable aid. 
(Idem, p. 776.) In this expedition Gen. Harrison not only used the 
Delawares as warriors, but also used them as emissaries in endeavor- 
ing to effect a treaty with the Shawnees. 

Gen. Harrison, who was in command of the military forces of the 
United States in the central western territory during the war of 1812- 
1815, testifies in many places and in many ways to the friendship and 
assistance which the Delawares rendered the Government and the 
gratitude the Government should feel for their services, and says that 
they remained faithful to the United States. (Idem, pp. 833-834.) On 
July 8, 1814, Gen. Harrison in council addressed the Delawares and 
others as follows : 

"My brothers, before we proceed to the business for which we have 
now assembled I will communicate to you a message from our great 
father, the President of the United States, directed especially to those 
of our red brethren who have faithfully and honestly supported the 
interests of the United States during the present war.'' 

He then read and explained to them a message from the President 
of the United States, directed to the Wyandotte, Seneca, Delaware, 
and Shawnee Tribes of Indians, acknowledging their faithful services, 
and assuring them of the high estimation in which these services were 
held by their father, the President of the United States ; after which 
he presented to the Wyandotte, Delaware, and Shawnee Tribes each a 
large silver pipe elegantly ornamented and engraved with devices 
emblematic of the protection and friendship of the United States. 
(American State Papers, vol. 5, Indian Affaris, vol. 1, p. 828.) 

The Delawares also received a silver tomahawk from Col. T. B. 
Reading in the Mexican War, the giving and acceptance of which, in 
accordance with well-recognized Indian custom, was the strongest 
pledge of striking the war post for the giver's cause. The Delawares 
still have the chief's war club which was carried in the cause of this 
Government in all its early wars. 

In view of the foregoing recital, it would seem sufficient to state that 
for their services to the Government in the Revolutionary period the 
Delawares have never received any compensation. Right after the 
close of the Revolution the Delawares gave to the Government enough 
land to pay all bounties to Revolutionary soldiers and sufficient (as Col. 
Morgan says), if put on sale, to pay a good portion of the national 
debt. Out of this land was carved almost the entire State of Ohio. 

The Delawares would be glad, of course, if it were a matter of his- 
tory to be able to say that none of the tribe had been won over by the 
great inducements offered by the British in those early days. When the 
early history of the country is carefully reviewed, considering the 

36 



COMPENSATION OF DELAWARE INDIANS. 19 

extraordinary efforts the British made in exciting the Indians against 
the colonists, furnishing them with ammunition, supplies, money and 
promises, the wonder is that such a large part of the Delaware's re- 
mained loyal to the United States. This is referred to at some length 
by President Madison in his message to Congress November 14 1812 
after reading which no one ought to be surprised that some of the 
Indians were induced to join the cause of the British. But notwith- 
standing the inducements offered by the British both in the Revolu- 
tionary War and the War of 1813, and the treachery and bad faith of 
some of the colonists toward the Delawares, a majority of the Dela- 
wares remained loyal to the Government of the United States. Those 
that separated themselves from the loyal portion of the tribe have 
never returned and are now living in Canada ; and these disloyal ones 
and their descendants have never at any time since had any interest 
in common with the loyal Delawares now residing in Oklahoma. No 
benelts under this bill would in any event accrue to these disloyal 
Delawares and their descendants. 

As to the services of the Delawares in the War of 1812 and 1815, 
reference is made to article (2) of the treaty of July 22, 1814, made 
with the Delawares, which reads as follows : 

i 

"Article (2). 

"The tribes and bands above mentioned engage to give their aid to 
the United States in prosecuting the war against Great Britain and 
such of the Indian tribes as still continue hostile, and to make no peace 
with either without the consent of the United States. 

''The assistance herein stipulated for is to consist of such a number 
of their warriors from each tribe as the President of the United States, 
or any other officer having this authority therefor, may require." 

On September 9, 1815, another treaty was made between the United 
States and the Delawares and other tribes. The negotiations detailed 
in the American State Papers, Indian Affairs (vol. 2, pp. 1-25), give 
instructive evidence of the friendly relations with the Delawares and 
their valued services in the war. It was largely through the efforts of 
the Delawares that many of the northwestern tribes joining this treaty 
were brought into friendly relations with the United States. 

Article 3 of this treaty begins : 

"In consideration of the fidelity to the United States which has been 
manifested by the Wyandot, Delaware, Seneca, and Shawnee tribes 
throughout the late war. * * * the said United States agree to 
pardon such of the chiefs and warriors of said tribes as may have con- 
tinued hostilities * * * and to permit the chiefs of their respective 
tribes to restore them to the stations and property which they held pre- 
viously to the war." (Idem, p. 12.) 

There is nothing to indicate that any of the Delawares were disloyal 
during the war. 

37 



20 COMPENSATION OF DELAWARE INDIANS. 

Article 12 of the treaty of September 29, 1817, between the United 
States and the Delawares and other tribes, provides that the United 
States pay — 

"the amount of the damages which were assessed by the authority of 
the Secretary of War in favor of several tribes and individuals of the 
Indians who adhered to the cause of the United States during the late 
war with Great Britain and whose property was, in consequence of 
such adherence, injured and destroyed." (Idem, p. 133.) 

The amount found due the Delawares was $1,301. 

The commissioners appointed to negotiate the treaty with the tribes 
of Indians west of the Mississippi, in 1815, received complaints from 
the Delawares, concerning which they report : 

"Not having been made our particular duty to investigate the cause 
of complaint as alleged by them, we can only say that, as at present 
advised, we think them well founded ; and being well acquainted with 
the uncommon sobriety and general good conduct of these Indians, 
the attachment which they have evinced toward our Government, their 
confidence in its justice, the alacrity with which they afforded their co- 
operation with us in the late war, the progress of civilization among 
them, etc., we feel it our duty to recommend them to the benevolence 
as well as justice of our Government.'' (American State Papers, vol. 
5, Indian Affairs, vol. 2, p. 11.) 

It further appears that the sum of $10,298 was paid to the Delawares 
at one time as a balance due them for losses sustained by them during 
the war of 1812. In 1815, the Indian agent at Fort Wayne states that 
the annuities of the Delawares were paid because they had been faith- 
ful throughout the late war. (Idem, p. 81.) Annuities of other tribes 
were forfeited because of their hostility during this period. (Idem, 
p. 85.) 

From the historical authority cited it clearly appears that at the out- 
set of the Revolution the Delawares became friendly to the colonists. 
The treaty of 1778 conclusively shows that they as a nation became the 
allies of the United States. A substantial number under Col.' White 
Eyes and Chiefs Killbuck, Kelelamand, Hengu Pushees, and Wicaco- 
lind, all of whom are chiefs of different bands of the Delawares, co- 
operated with the military forces of the United States, and these chiefs 
and their bands allied themselves with the American force and took 
part in the war. (American State Papers, vol. 5, Indian Affairs, vol. 1, 
p. 11.) 

The value of the Delawares to the American forces at this time may 
be better appreciated when it is said that their influence among the 
tribes of that territory was paramount to that of any other Indian 
nation, and as warriors they were equally distinguished, one Delaware 
being considered equal in combat to three Indians of almost any other 
tribe. 

No doubt their highest value to Gen. Washington and his forces 
were the services they were able to render as scouts and guides, seeing 

38 



COMPENSATION OF DELAWARE INDIANS. 21 

that these Indians were at home in the country over which these mili- 
tary operations extended, and were therefore familiar with every path, 
mountain, and stream. 

That the loyalty of the Delawares continued after the Revolution, 
in the friendliest sort of way, is indicated by the expressions contained 
in the various treaties and other public documents of that period. It 
clearly appears in the American State Papers that these Indians kept 
the American authorities advised of the hostile actions and plans of the 
British and other Indian tribes during the period between the Revolu- 
tion and the War of 1812. A body of these Indians accompanied 
Gen. Harrison in his expedition against the "Prophet" in 1811, and 
took a prominent part not only in the negotiations for peace, but in the 
actual military operations. It also appears that from these Indians 
Gen. Harrison obtained the earliest and most authentic information 
of the hostile movements of the British just prior to the War of 1812. 

That the Delawares were loyal and friendly throughout the War of 
1812 is testified in the many references cited above. As an evidence 
of the appreciation which Gen. Washington and Congress had of. the 
distinguished and loyal services of these Delawares, it is interesting to 
note that Congress at this period educated, at Princeton College, three 
Delaware youths, children and relatives of the famous chiefs who had 
served the military forces during the Revolution. 

Coming on down from the War of 1812, we find the Delawares a 
prominent factor in all military and semimilitary operations engaged 
in by the Government up to the present time. No tribe of Indians, in 
proportion to their numbers, can show services of similar distinction 
and value. In all the great exploration work done in the early part of 
history of the country the Delawares stood preeminent. One need only 
refer to the encomium passed upon them by Gen, Fremont (Life, etc., 
pp. 108, 214, 215, 235, 253), where he speaks of the Delawares who 
accompanied him and of their valuable services. He called them "re- 
sourceful, brave, excellent marksmen, truthful and unselfish, and most 
skilled and intrepid scouts," and says, "among the rest, they are entitled 
to land warrants." He especially speaks of 2 Delaware scouts in his 
expedition of 1843. 8 in his expedition of 1846, and 10 in his expedition 
of 1853. 

In Sprague's History of the Florida War (p. 102), it appears that 
174 men and 4 commissioned officers from the Delaware and Shawnee 
tribes were allied with the American forces. We have the muster-out 
roll of two of these companies, showing double enlistments of each 
of these companies. One company consisted of 37 officers and men, 
and the other company consisted of 50 officers and men. We feel 
certain that further search would reveal additional names of the Dela- 
wares who served the United States in the Florida War. 

The Delawares also served in the Mexican War. We have the mus- 
ter-rolls of one of these companies commanded by Capt. Black Beaver, 
comprising 37 officers and men. There were other Delawares in the 
Mexican War, among them a band of scouts under Thomas Hill, a 

39 



22 COMPENSATION OF DELAWARE INDIANS. 

Delaware war chief, who in token of his services was presented with 
a silver tomahawk, which is still in the possession of the Delaware 
Nation. 

William Armstrong, acting superintendent, in his report to Commis- 
sioner of Indian Affairs and speaking of the Delawares, says: 

"As hunters and warriors they have a higher reputation than any 
other Indians on the frontier * * * their character for superior 
courage and sagacity being so well established that the wild tribes 
seldom venture to attack them." (Report Commissioner of Indian 
Affairs, 1845, p. 507.) 

A letter from J. B. Taylor, special Indian agent, at Brazos, Tex., to 
Maj. Neighbors, dated October 7, 1855, and on file in the Indian Office, 
tells of the efficient services of the Delawares to the United States 
during that period and their skilled methods of warfare against other 
Indians. 

Gen. Marcy, in his Exploration of the Red River, says : 

"A few of such men as the Delawares attached to each company of 
troops upon the Indian frontier would, from their knowledge of In- 
dian character and habits and their wonderful powers of judging 
country, following tracks, etc. (things which soldiers can not be 
taught), enable us to operate to much better advantage against the 
prairie tribes. * * * Their services were almost indispensable in an 
expedition like this." 

In the contest with the. Sioux in 1847, 60 Delawares were employed 
by the United States forces, and a number aided the Regular Army 
in the outbreak of the Pawnees in 1847 and against the Cheyennes, 
Comanches, etc., in 1855. 

Gen. Miles in his report tells of the efficient and valiant services of 
the Delawares in a number of the campaigns against the Indians, 
ascribing to the Delawares the highest degree of efficiency in Indian 
warfare. 

The Delawares in the Civil War stand preeminent. Some extracts 
from official reports from 1862 to 1865 follow : 

"The Delawares are truly a loyal people, and with hardly an excep- 
tion are devoted to the Government. Out of a population of 201 males 
between the ages of 18 and 45, there are at present 170 in the Union 
Army. This probably is the largest ratio of volunteers furnished for 
the war.'' (Agent Johnson's Report, Sept. 17, 1862.) 

"As an instance of their loyalty I will mention this fact: Of 201 
Delawares between the ages of 18 and 45, 170 have volunteered and 
are now in the military service of the United States. It is doubtful 
if any community can show a larger proportion of volunteers than 
this." (Annual Report, Commissioner of Indian Affairs, 1862, p. 23.) 

"One-half of the adult population are in the volunteer service of the 
United States. They make the best soldiers and are highly esteemed 
by their officers. The tribe has shown their devotion and loyalty to 

40 



COMPENSATION OF DELAWARE INDIANS. 23 

the Government by the number of men furnished to the Army." (Re- 
port, Agent Johnson, Sept. 25, 1863.) 

"I must not omit to mention the subject of their loyalty to the Gov- 
ernment. More than one-half of their adult male population is regu- 
larly enlisted in the volunteer forces of the Government, and as soldiers 
are highly esteemed by their officers. It is perhaps not too much to 
claim that no community within the limits of the loyal States can show 
a better record, than this." (Annual Report, Commissioner of Indian 
Affairs, 1863, p. 29.) 

"The male portion of the tribe are either in the Army or are em- 
ployed in its connection, and it is a matter of some satisfaction to be 
able to say they have distinguished themselves in the Army of the 
frontier as most excellent troops. A party of 20 left here latterly, 
under Capt. Fall Leaf, to assist in the expedition now being engaged 
against the Sioux." (Report, Sept. 13, 1864, by Agent Pratt.) 

"In connection with this subject, however, it would be unjust to 
omit the fact that a large portion of the men of the tribe are enlisted 
in the United States Army, where they have distinguished themselves 
as faithful soldiers. Their absence from the reservation in the service 
of the country may account, in a great measure, for the failure to put 
more land under cultivation this year." (Annual Report, Commis- 
sioner of Indian Affairs, 1864, p. 37.) 

"It affords me great pleasure to chronicle the continued loyalty of 
the tribe during the past eventful four years, and as events tend west- 
ward they evince every disposition to aid the Government by contribut- 
ing their knowledge of the country to the officers of the Army and 
rendering such service thereto as they are qualified to perform." (Re- 
port, Sept. 25, 1865, by Agent Pratt.) 

"The Indians number about 1.000, and maintain fully their reputa- 
tion for devoted loyalty, having furnished many good soldiers to the 
Army." (Annual Report, Commissioner of Indian Affairs, 1865, 
p. 43.) 

These latter services of the Delawares are mentioned to show their 
continued loyalty to the Government and their ever readiness to render 
military services. 

REASONS FOR ISSUING BOUNTIES TO THE TRIBE INSTEAD OF THE 

INDIVIDUAL. 

At this date it would be impossible to issue bounties to the Delawares 
under the general law where strict proof of heirship is necessary. In- 
asmuch as the tribe furnished the soldiers or warriors under treaty 
stipulations with the Government, and inasmuch as the tribe supported 
and sustained the members (and their families) who were at war, the 
Delaware Indians believe it is right and just now that bounties should 
be issued in favor of the tribe without tracing heirship to the indi- 
vidual soldiers who served in the various wars. To require strict proof 
of heirship would be attempting the impossible and result in giving 

41 



24 COMPENSATION OF DELAWARE INDIANS. 

them no reward for their services. As far as your memorialists have 
'been able to learn, no other tribe or community furnished soldiers 
under like circumstances and conditions, and therefore there can be no 
question of discrimination. Other soldiers enlisted as individuals, 
were treated as individuals, and received their bounties, whether cash 
or land, as individuals, but the Delaware warriors were furnished 
by the tribe and their families supported by the tribe while the war- 
riors were away fighting, and it is equitable and just that the tribe 
should receive the compensation. 

As to the impossibility of proving heirship, attention is directed to 
a report rendered by Hon. L. P. Waldo, Commissioner of Pensions, 
on October 10, 1853, in which he states among other things : 

"In executing the act of September 28, 1850, I found a large num- 
ber of claims filed by individuals belonging to various Indian tribes who 
still retain their tribal character, but who claim to have been soldiers 
in the various wars described in said act and entitled to its benefits. 
Some of these claims have been admitted and warrants have been is- 
sued. Others have been suspended. 

"I also found great embarrassment attending the examination and 
final disposition of these claims in consequence of the difficulty in 
communicating with the claimants, their inability to state the facts 
connected with their services as explictly as desired, and the want of 
the muster rolls known to be authentic to verify their statement. These 
embarrassments are greatly increased when the claims are presented by 
the widow and minor children of a deceased soldier. Evidence of mar- 
riage and heirship and the proper appointment of guardian is in most 
cases next to impossible to obtain according to any well-established 
rules." 

The difficulties which confronted Commissioner Waldo 56 years ago, 
in the adjudication of individual claims, are insurmountable today, and 
disclose a strong argument in favor of the provisions of the bill, which 
provides that the compensation shall be made to the Delawares as a 
tribe, and not to the heirs of the individuals who fought in the various 
wars. Even if the heirs could establish their claims, it was the tribe 
that furnished the soldiers in accordance with treaties or agreements 
with the Government, and it is the tribe which should receive the 
benefits and distribute them among the members of the tribe in accord- 
ance with well-recognized Indian customs. 

The records fail to disclose that any considerable number of the Dela- 
wares have ever received bounties. Your memorialists have made 
careful search and all that have been discovered are the 13 who re- 
ceived bounties for services against the Sioux. Commissioner Waldo's 
letter shows how impossible it is for these Indians to prove up under 
existing law. Furthermore, the Delawares fought more as allies than 
as individuals, without pay, and mainly under their own officers, many 
of whom were commissioned by the Government, in much the same 
way as the French. This may account for the lack of authentic rec- 

42 



COMPENSATION OF DELAWARE INDIANS. 2o 

ords which would enable the Delawares to comply with the technical 
requirements of the present law. 

Respectfully submitted. 

The Delaware Indians Residing in Oklahoma, 
By Richard C. Adams, 



Appendix. 

EXTRACTS FROM COL. DANIEL BRODHEAD's LETTERS. 

[Pennsylvania Archives, Series I, vol. 12.] 

We find from Daniel Brodhead's letter, who was colonel and com- 
mander of the western district (letter No. 2, p. 107) April 15, 1779, 
to his excellency Joseph Reed, governor of the State of Pennsylvania : 

"I am persuaded the Delawares may be engaged to fight against the 
Six Nations, although more numerous than themselves, provided they 
are well supplied, and we have the means — that is, Indian goods, trin- 
kets, and black wampum — to pay them for their services." 

In letter Xo. 5, to Rev. John Heckwelder, May 13, 1779, Col. Broad- 
head says, in speaking of the endeavors of the British to strike the 
Delawares : 

"But I will venture to predict that they will not do it. They will 
consider the Delaware Indians allies as no contemptible foes, which, 
added to the fast connection between them and us, must and surely 
will end in their final extirpation. I sincerely wish our allies, the Dela- 
wares, may make themselves easy and no longer remain in a state of 
such apprehension. They will shortly hear from the northward as well 
as from the southward that their brethren are by no means idle." 

In letter No. 8, to Gen. Washington, dated Pittsburgh, May 22, 1779, 
Col. Brodhead says : 

"You may rely on my close attention to the movements of the enemy 
and that they can not approach nearer to any advanced post without 
receiving intelligence from the Delawares." 

In letter No. 10 to Col. George Morgan, May 27, 1779, Col. Brod- 
head says : 

"I wish the Delaware chiefs may return according to their promise." 

In letter No. 14. May 29, 1779, to Gen. Washington, Col. Brod- 
head writes : 

"The Delaware warriors assure me that the enemy are considerably 
reenforced by white men." 

Further on in the same letter he says : 

"A voung Delaware Indian who calls me father offered his serv- 
ices to" bring me a Mingo scalp, and is now fitting his arms. etc.. for 
that purpose." 

43 



26 COMPENSATION OF DELAWARE INDIANS. 

In letter No. 18, June 3, 1779, to Col. Archibald Lochry, Col. Brod- 
head writes : 

"Two Delaware warriors are arriving- with intelligence that the 
Wyandotte Nation are bidding farewell to the English forever, and 
their chiefs are now on the way to take me by the hand and make a 
lasting peace with Americans." 

In letter No. 1!) to Rev. Heckwelder, June 3, 177!). Col. Brodhead 
writes : 

"I have a party of warriors out toward the Mingo towns, and others 
are preparing. I believe they will be convinced that we can act in their 
own way. This may drive them from their designs against the settle- 
ment." 

In letter No. 20, June 5, 1779, to Gen. Washington, Col. Brodhead 
writes : 

"I have sent out one scalping party toward the Mingo towns and 
am preparing another. If they answer no other purpose, they may 
bring intelligence of an approaching enemy ; but should a firm peace 
be concluded, as I have reasons to believe with the Wyandottes there 
is, it would give me great pleasure to make one grand push against the 
Mingoes." 

In the same letter, speaking of a Delaware that was killed, he says : 

"As yet I am ignorant of the name of the Delaware man." 

In letter No. 24, to Col. Archibald Lochry, June 23, 1779, speaking 
of the fight at Perry Mills, Col. Brodhead says : 

"One of the Delaware chiefs who went with Capt. Bready distin- 
guished himself on this occasion." 

In letter No. 25, June 25, 1779, to Gen. Washington, Col. Brodhead 
says: 

"A few days ago Col. Brady, with 20 white men and I young Dela- 
ware chief, all well painted, set out toward the Seneca country." 

Further on in the letter he says : 

"Capt. Bready and most of his men acted with great spirit and in- 
trepidity, but it is confessed that the young Delaware chief, Nonow- 
land, or George Wilson, distinguished himself on this enterprise, and 
I have the pleasure to inform your excellency that the Delaware chiefs 
are safely returned from Philadelphia, and one of them, agreeable to 
their customs, stepped forward to the party and received the scalp in 
triumph." 

In letter No. 2G, June 27, 1779, to Hon. Timothy Pickering, Col. 
Brodhead writes : 

"I have at length the pleasure to inform you that the western In- 
dians have changed sides and one of the young Delaware chiefs has 
already assisted one of my party in defeating and taking a scalp from 
one of the Muncy and Senecas ; and some other young Delawares are 
just arrived who the chiefs inform me are upon my invitation to join 
some party of white men." 

44 



COMPENSATION OF DELAWARE INDIANS. 



27 



In letter 27 to Lieut. Col. Stephen Bayard. July 1, 177!) Col Brod- 
head says : 

"An express is dispatched by the Delaware chiefs to order the Dela- 
wares of Coochoching to seize Girty and his party should he return 
there, and they are to be brought to me." 

In letter No. 28 to Col. Stephen Bayard, July 9, 177!), Col. Brodhead 
says : 

"Mr. Patterson and Ward with a small park of white men and eight 
or nine Delaware warriors will proceed toward the Seneca country 
within a day or two. The warriors will go with the full consent and 
approbation of the chiefs, and I wish them success." 

In letter No. 29 to Col. Campbell, July 14, 1779, Col. Brodhead 
writes : 

"I have 2 Muncy scalps, and several more were killed by our party 
of whites and Delawares. Lieut. Peterson and Ensign Wood with 18 
whites and 6 Delawares are gone to try their fortune toward the Seneca 
towns." 

In letter 35 to Col. Archibald Lochry, July 29, 1779, Col. Brodhead 
writes, in speaking of a treaty under Capt. Jack : 

"The Delawares that accompanied him seemed anxious to come up 
with them." 

In letter 46 to Gen. Washington, July 31, 1779, Col. Brodhead states: 

"A party of white men and Delawares under the command of Ensign 
Morrison have brought in 1 Indian scalp since my last, and others have 
taken a considerable share of plunder near their towns, and we had 2 
men killed within 300 yards of Fort Lawrens. * * * Capt. Kill- 
buck is here. He has sent for a great number of Delaware warriors 
to join him on the intended expedition." 

In letter No. 48, to Timothy Pickering, August 3, 1779, Col. Brod- 
head says : 

"I shall set out on an expedition against the Seneca towns about the 
7th, and a number of Delawares have promised to join me." 

In letter No. 49, to Gov. Reed, August 3, 1779, Col. Brodhead says: 

"I expect to have a number of Delaware warriors join me, but have 
nothing to reward them with." 

In letter No. 54, to Col. Morgan, August 4, 1779, Col. Brodhead says: 

"Several Delawares are here waiting and more are expected to join 
me in my expedition up the Allegheny." 

In letter No. 56, to Maj. Gen. Sullivan, August 6, 1779, Col. Brod- 
head says : 

"I have 12 Delaware warriors ready and have the promise of a num- 
ber more." 

In letter No. 57, to Gen. Washington, September 16, 1779, speaking 
of the Battle of Cuscushing, Col. Brodhead says : 

45 



28 COMPENSATION OF DELAWARE INDIANS. 

"One of the advanced guards, consisting of 15 white men, including 
spies, and 8 Delaware Indians, under the command of Lieut. Hardin, 
of the Eighth Pennsylvania Regiment, whom I have he fore recom- 
mended to your excellency for his great bravery and skill as a partisan, 
discovered between 30 and 40 warriors coming down the Allegheny 
River in 7 canoes. These warriors having likewise discovered some of 
the troops, immediately landed, stripped off their shirts, and prepared 
for action, and the advanced guard immediately began the attack. 

"All the troops, except 1 column and flankers being in the narrows 
between the river and the high hill, were immediately prepared to re- 
ceive the enemy, which being done, I went forward to discover the 
enemy, and 6 of them retreating over the river without arms, at the 
same time the rest ran away leaving their canoes, blankets, shirts, pro- 
visions, and 8 guns, besides 5 dead, and by the signs of blood several 
went off wounded. Only 2 of my men and 1 of the Delaware Indians 
were wounded and so slightly that they are already recovered and fit 
for action * * *. On my return here I found the chiefs of the 
Delawares, the principal chiefs of the Hurons, and now the king of 
Maquichee Tribe of the Shawnees is likewise come to treat with me ; 
about 30 Delaware warriors are here likewise ready to go to war, but 
T have nothing to encourage them with." 

Further on he says : 

"A few Indian goods, paint, and trinkets at this juncture would 
enable me to encourage the Delawares to harass the enemy frequently." 

A postscript to this letter is : 

"The Delaware chiefs have just called on me to build some block- 
houses at Cushocken for the protection of their women and children 
while they are out against the English and Mingoes, and I have agreed 
to send a detachment for that purpose agreeable to the Articles of 
Confederation." 

In letter No. 58 September 23, 1779, to Timothy Pickering, Col. 
Crodhead says : 

"I inclose you the talks of the Delawares, Wyandotts, and Maquichee 
tribe of Shawnees and I' flatter myself that there is a great share of 
sincerity in their present profession." 

In letter No. 66 to Gen. Sullivan, October 10, 1779, speaking of a 
fight won by the advanced guard on the Allegheny River, Col. Brod- 
head says : 

"This was done in a few minutes by the advanced guard composed 
of 15 light infantry and 8 Delaware Indians." 

In letter No. 80 to John Fay, October 26, 1779, Col. Brodhead says: 

"It is hard to determine what effect this imprudent conduct may 
have on the minds of the Delaware chiefs and warriors, but I hope a 
favorable answer to the speech I sent them." 

In letter No. 81 to Gen. Washington. October 26, 1779, Col. Brod- 
head says : 

46 



COMPENSATION OF DELAWARE INDIANS. 29 

"I sent a runner to the Delaware council at Coochocking to inform 
them of the trespass, and assure them it was committed hv some 
foolish people and requested them to rely on my doing them' justice 
and punishing the offenders, but as yet have not received an answer 
T have not yet sent men to build the blockhouses at Ooochocking I 
told the Indians I would send 200 or 300 men to do that work but I 
apprehend 600 or TOO will not be too many, because it is ver V uncertain 
what part the Wyandottes will take or what influence the trespass will 
have on the minds of the Delawares." 

In letter No. 85 to Timothy Pickering, November 3 1779 Col 
Brodhead says : 

"But the Delawares inform me that most of the other nations to the 
westward and southward are friendly to the United States." 

In letter No. 87 to Maj. Richard Taylor, November 11, 1779 Col 
Brodhead writes : 

"I expect that you will be honored with the Delaware delegation 
company in a few days." 

In letter No. 95, November 22, 1779, to Gen. Washington, Col. Brod- 
head says : 

"The Delaware chiefs have paid me another visit and the Wyandotte 
chiefs are said to be on the way to this place. The Delaware chiefs 
inform me that the English at Detroit have refused to supply the 
WVandottes with clothing because they had entered into a treaty of 
friendship with us. * * * The Delaware chiefs came to this place 
with a determination to pay another visit to Your Excellency, but upon 
my telling them that I should shortly strike the war post they im- 
mediately declined going and declared that they and their best war- 
riors would join me." 

In letter No. 96, to Timothy Pickering, November 22, 1779, Col. 
Brodhead writes : 

"The Delaware chiefs are again come to this place. They intended 
to visit Congress, but as I could see no benefit that could at present 
be derived to the public from another treaty with them, I dissuaded 
them from their purpose by telling I should soon strike the war post, 
and they offered themselves and their best warriors to join me." 

In letter No. 118, to Hon. Richard Peters, February 12, 1780, Col. 
Brodhead says: 

"My last accounts from the western Indians are flattering, and the 
Delawares continue their friendly offices." 

In letter No. 124, to Gen. Washington, March 8, 1780, Col. Brod- 
head says : 

"If the Delaware Nation should declare against us this frontier 
will be greatly distressed, as many other nations who have hitherto 
been neuter will join them, and my force is by no means sufficient to 
protect the settlements." 

47 



30 COMPENSATION OF DELAWARE INDIAN'S. 

In letter No. 152, to Gen. Washington. May 13, 1780, Col. Brod- 
head says : 

"The Delaware Indians continue their professions, of friendship and 
some of their warriors are now out with my scouts, but as I have little 
or nothing to give them but good words and fair promises, I appre- 
hend they will soon decline the service." 

In letter No. 153. to Hon. Richard Peters. May 14, 1780, Col. Brod- 
head says : 

"The Delawares continue their professions of friendship, but often 
mention the promises made them of supplies and their extreme poverty. 
Some of them are now out with my scouts, but if I am not suddenly 
furnished with something to pay them for their services they will 
doubtless leave me and seek a more easy or profitable employment. 
* * * The Delaware chiefs intend another visit to honorable Con- 
gress, and as fresh proof of their friendship intend to take with them 
a large pack of beaver skins to kindle the council fire, and as a security 
for their engagements intend taking more of their children to be edu- 
cated at college." 

In letter No. 159 to Col. Archibald Lochry, May 20, 1780, Col. 
Brodhead writes : 

"I know the influence of the Delaware councils with 20 different 
tribes, and am sensible it is upon their account that so few of their 
color are active against us." 

In letter No. 160 to Col. John Evans, May 27, 1780. Col. Brodhead 
says, relating to the proclamation declaring war against all Indians : 

"The right of making peace and war rests with the honorable Con- 
gress only. The Delaware council has power to influence a great 
number of tribes, who to my certain knowledge are neuter on their 
account. * * * I expect you will to the utmost of your power 
discountenance every undertaking that may tend to bring further ca- 
lamities upon -the good people of the frontier counties and give orders 
to all your officers to give notice of every design that may be calcu- 
lated to infringe a solemn treaty entered into by the commissioners of 
Congress with the Delaware Nation until it shall be authorized by the 
authority of the United States. 

"The honorable American Congress have remitted to my care sundry 
blank commissions to be filled up for such trusty Delaware Indians 
as I can confide in, and I expect to make 'them useful instruments 
against the British Indian allies." 

In letter No. 162, to Gen. Washington, May 30, 1780, Col. Brod- 
head says : 

"This has determined me to send Capt. Brady with five white men 
and two Delaware Indians to Sandusky to endeavor to take a British 
prisoner, and I hope he will effect. I have likewise offered other 
Delaware warriors 50 hard dollars' worth of goods for one British 
soldier, and they have promised to bring him immediately." 

48 



COMPENSATION OF DELAWARE INDIANS. 31 

In letter No. 166, to Maj. Lanctot, July 7, 1780, Col. Brodhead says: 
"You will make such speeches to the Delaware council as you shall 
judge necessary and endeavor to excite them to remain steady in their 
alliance with us. and encourage their warriors to bring in English 
prisoners, by which I may gain proper intelligence of the strength at 
Detroit." 

In letter No. 169, July 21, 1780, to Hon. Timothy Pickering, Col. 
Brodhead says : 

"Another party was immediately detached up the Allegheny River 
with two Delaware Indians to take their tracks and make pursuits, 
but as this party is not yet returned I can not inform you of its 
success." 

In letter 178. to Gen. Washington, August 18, 1780, Col. Brod- 
head says : 

"I have received two letters from the Delaware towns of which I 
likewise inclose. It appears by the contents that the Delawares and 
Wyandottes and their numerous allies might be speedily involved in 
war against each other, provided we were possessed of the means to 
reward the Delawares for bringing in Wyandotte scalps and prisoners." 

In letter No. 181, to Gen. Washington, August 21, 1780, Col. Brod- 
head says : 

"By Capt. Duplantain. who is just arrived from the Delaware 
towns, I am informed that the British at Detroit treat the French 
inhabitants with great severity and that they wish for nothing more 
than the approach of a body of troops from this place." 

In letter No. 182 to Maj. Godfrey Lanctot, August 23, 1780, Col. 
Brodhead says : 

"You will please inform the Delaware Council that they shall speed- 
ily see their wish complied with, and then I shall discover how far 
they are desirious to favor an attempt against our common enemy." 

In letter No. 1!)'2 to Benjamin Stoddard, September 14, 1780, Col. 
Brodhead says : 

"If the interest of the Delaware Indians is worth preserving, it is 
high time that a quantity of goods be sent to clothe them, agreeable to 
the terms of treaty ; at any rate, a quantity of vermilion is indispensably 
necessary for my white warriors." 

In letter No. 10.") to Gen. Washington. September 17, 1780, Col. 
Brodhead says : 

"As no supply of goods has yet been sent for the Delaware Indians, 
agreeable to treaty. I conceive they will be compelled to make terms 
with the British or perish, and next spring we shall have a general 
Indian war. The Delaware runners add that a party of 20 Indian 
warriors have been discovered about six days ago marching toward 
these settlements, and that a large party of Senecas may soon be ex- 
pected down the Allegheny." 

49 



32 COMPENSATION OF DELAWARE INDIANS. 

In letter No. 197, to Hon. Richard Peters, September 17, 1780, Col. 
Brodhead says : 

"I am greatly indebted * * * to the Indians who have been 
employed as guides, spies, and expresses, besides some small presents 
to the chiefs." 

From the journal of Lieut. Erkieries Beatty in the expedition against 
the Six Nations under Gen. Sullivan, 1779, there is mention of having 
Indians (Delawares) with them against the expedition. 

The journal of Rev. William Rodgers, D. D., in the account of the 
Sullivan expedition, mentions the fact that Col. Brodhead, from Fort 
Pitt, had marched with a number of troops and friendly Indians 
(Delawares) with an intention of forming a junction with Gen. Sulli- 
van near Genesee. (Pa. Archives, series 2, vol. 15.) 

The following is from Loudon's Indian Narratives : 

"Let us take a view of the benefits we have received by what little 
we have learned of their art of war, which cost us dear, and the loss 
we have sustained for want of it, and then see if it will not be well 
worth our while to retain what we have, and also to endeavor to im- 
prove in this necessary branch of business. Though we have made 
considerable proficiency in this line, and in some respects outdo them, 
viz., as marksmen, and in cutting our rifles and keeping them in good 
order, yet I apprehend we are far behind in their maneuvers, or in 
being able to surprise or to prevent a surprise. May we not conclude 
that the progress we had made in their art of war contributed con- 
siderably toward our success, in various respects, when contending 
with Great Britain for liberty? Had the British King attempted to 
enslave us before Braddock's war, in all probability he might readily 
have done it, because, except the New Englanders, who had formerly 
been engaged in war with the Indians, we were unacquainted with any 
kind of war ; but_ after fighting such a subtle and barbarous enemy as 
the Indians, we were not terrified at the approach of British redcoats. 
Was not Burgoyne's defeat accomplished, in some measure, by the 
Indian mode of fighting And did not Gen. Morgan's riflemen, and 
many others, fight with greater success in consequence of what they 
had learned of their art of war? Kentucky would not have been set- 
tled at the time it was had the Virginians been altogether ignorant of 
tliis method of war. 

"In Braddock's war the frontiers were laid waste for about 300 
miles long and generally about 300 broad, excepting some that were 
living in forts, and many hundreds, or perhaps thousands, killed or 
made captives, and horses and all kinds of property carried off; but in 
the next Indian war, though we had the same Indians to cope with, 
the frontiers almost all stood their ground ; because they were by this 
time, in some measure, acquainted with their maneuvers ; and the want 
of this in the first war was the cause of the loss of many hundreds of 
our citizens and much treasure. 



R D 14-8 



^60 



COMPENSATION OF DELAWARE INDIANS. iVA 

"Though large volumes have been written on morality, yet it may 
be all summed up in saying, do as you would wish to be done by, so 
the Indians sum up the art of war in the following manner: 

"The business of the private warriors is to be under command, or 
punctually to obey orders ; to learn to march abreast in scattered order, 
so as to be in readiness to surround the enemy or to prevent being sur- 
rounded ; to be good marksmen and active in the use of arms ; to 
practice running ; to learn to endure hunger or hardships with patience 
and fortitude; to tell the truth at all times to their officers, but more 
especially when sent out to spy the enemy. 

"Concerning officers. — They say that it would be absurd to appoint 
a man an officer whose skill and courage had never been tried; that 
all officers should be advanced only according to merit ; that no one 
man should have the absolute command of an army; that a council of 
officers are to determine when and how an attack is to be made; that 
it is the business of the officers to lay plans to take every advantage of 
the enemy, to ambush and surprise them, and to prevent being am- 
bushed and surprised themselves. It is the duty of officers to prepare 
and deliver speeches to the men in order to animate and encourage 
them, and on the march to prevent the men, at any time, from getting 
into a huddle, because if the enemy should surround them in this 
position they would be exposed to the enemy's fire. It is likewise their 
business at all times to endeavor to annoy their enemy and save their 
own men, and therefore ought never to bring on an attack without 
considerable advantage or without what appeared to them the sure 
prospect of victory, and that with the loss of few men; and if at any 
time they should be mistaken in this, and are likely to lose many men 
by gaining the victory, it i< their duty to retreat and wait for a better 
opportunity of defeating their enemy without the danger of lodng so 
many men. Their conduct proves that they act upon these principles; 
therefore it i> that from Braddock's war to the present time they have 
seldom ever made an unsuccessful attack. 

"The battle at the mouth of the Great Kanawha is the greatest in- 
stance of thi-. and even then, though the Indians killed about 3 for 1 
they lo^t, yet they retreated. The loss of the Virginians in this action 
was 70 killed and the same number wounded. The Indians lost 20 
killed on the held and 8 who died afterwards of their wounds. This 
was the greatesl loss ( ,f men that I ever knew the Indians to sustain in 
any one battle. They will commonly retreat if their men are falling 
fast ; they will not stand cutting like the Highlanders or other British 
lii 'ops, but this proceeds from a compliance with their rules of war 
rather than cowardice. If they are surrounded they will fight while 
there is a man of them alive rather than surrender * * *. 

"Why have we not made greater proficiency in the Indian art of 
war? Is it because we are too proud to imitate them, even though it 
should be a means of preserving the lives of many of our citizens? 

51 



34 COMPENSATION OF DELAWARE INDIANS. 

No ! We are not above borrowing language from them, such as 
hominy, pone, tomahawk, etc., which is of little or no use to us. I 
apprehend that the reasons why we have not improved more in this 
respect are as follows : No important acquisition is to be obtained but 
by attention and diligence ; and as it is easier to learn to move and act 
in concert, in close order, in the open plain, than to act in concert in 
scattered order in the woods, so it is easier to learn our discipline than 
the Indian maneuvers. They train up their boys in the art of war from 
the time they are 12 or 14 y ears of age, whereas the principal chance 
cvir people had of learning was by observing their maneuvers when in 
action against us. I have been long astonished that no one has written 
upon this important subject, as their art of war would not only be of 
use in case of another rupture with them, but were only part of our 
men taught this art, accompanied with our continental discipline, I 
think no European power, after trial, would venture to show its head 
in the American woods. 

"If what I have wrote should meet the approbation of my country- 
men, perhaps I may publish more upon this subject in a future edition." 



52 












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